Nevada law and Federal law have strict child protection statutes. The laws strictly prohibit any sexual behavior with children. Sharing obscene material with a child is also a crime that could lead to serious criminal charges. Simple accusations of child pornography could ruin your reputation and career and destroy your relationships. If the prosecutor accuses you of any crime involving child pornography, you can expect harsh consequences. Therefore, you must be quick to fight the child pornography accusation and other accompanying charges. The Law Offices Of Martin Hart provide reliable criminal defense services in Las Vegas, NV. Our attorneys will help you create a convincing defense to fight your charges.

Child Pornography In Las Vegas, Nevada

Child pornography is also known as ‘’kiddie porn’’ in Nevada. It is an offense of showing sexual conduct involving children. Sexual conduct could mean the following:

  • A penetration with any object manipulated or inserted by someone into the anal or genital opening of the body of another person
  • Bestiality
  • Excretion
  • Lewd exhibition of the genitals
  • Masturbation
  • Sexual intercourse
  • Fellatio
  • Sadomasochistic abuse
  • Anal intercourse
  • Cunnilingus

Child pornography could constitute plays, photos, videos/films, and any other visual performance or representation. Nevada jury or court could determine if a person depicted in pornography is a minor by doing the following:

  • Viewing the pornography
  • Inspecting the person
  • Considering medical experts and witness opinions

Nevada prohibits creating, possessing, or advertising child pornography.

Punishment For Child Pornography In Las Vegas, Nevada

If the court convicts you of child pornography in Nevada, you must register as a sex offender. You could face fines and a jail term depending on whether you are convicted of using the internet to watch, possess, produce, or advertise child pornography. Hire a competent criminal defense attorney. He/she can help you to have the child pornography charges reduced to a lesser offense with no sex offender registration or even have the charges dismissed.

Viewing Child Pornography Using The Internet — NRS 200.727

It is an offense under NRS 200.727 for anyone to use the internet to access any photograph or film showing a person below 16 years engaging in sexual conduct. A first-time charge for violating this statute falls under a Class C felony crime. You could face the following penalties:

  • A fine that does not exceed $10,000
  • A jail term of between one to five years

A second or successive charge for violating NRS 200.727 falls under Class B felony crime. You could face the following penalties:

  • A fine that does not exceed $5,000
  • A jail term of between one to six years

You will be required to register as a Tier II Offender for 25 years on the Nevada Sex Offender Registry, whether it is your first or successive conviction. Your conviction information will also be available on online public domains. Fortunately, upon an arrest for child pornography, it is not automatic that you will face a conviction. Instead, the prosecutor and your defense attorney can agree to a plea bargain where the charges can be reduced to minor crimes or possibly dismissed.

Possessing Child Pornography — NRS 200.730

It is a crime under NRS 200.730 for a person to possess any photograph, film, or other visual presentation showing a minor below 16 years engaging in sexual conduct. A first-time charge for possession of child pornography falls under a Class B felony crime. You could face the following penalties if you are guilty of the crime:

  • 25 years as a Tier II Sex Offender in Nevada
  • A jail term of between one to six years in Nevada state prison
  • A fine that does not exceed $5,000, depending on the judge’s discretion

A second time or successive charge of possessing child pornography falls under Class A felony in Nevada. You could face the following punishment:

  • A fine that does not exceed $5,000
  • Life imprisonment with the possibility of parole

You could also face lifetime supervision under NRS 176.0931 for a second-time conviction. However, it could be possible for you to get off lifetime supervision after ten years. You would also have to register as a Tier II Offender for 25 years. It is a must to register on the Nevada Sex Offender Registry regardless of whether it is your first or successive conviction. The good news is that if you are charged with possessing child pornography, it is not mandatory that you will be convicted. Your defense attorney can use negotiations, litigation, and aggressive investigation to get your charges dismissed or reduced.

Producing Or Promoting The Use Of A Child In Pornography — NRS 200.710 And NRS 200.720

This statute prohibits anyone from knowingly using a child to engage in or simulate sexual conduct to produce a performance. It is unlawful to use children below 18 years to produce pornographic content. The court could charge you under category A felony for violating NRS 200.710. You could face a fine that does not exceed $100,000 and life imprisonment.

If the minor is below 14 years, you could qualify for parole after ten years of imprisonment. Your parole eligibility will begin after five years in prison if the minor is 14 years or older. The court can also order you to forfeit any asset or money you received from pornography to the state. You could also be exposed on online public domains. You could also face lifetime supervision under NRS 176.0931 if the court convicts you of this crime. However, it could be possible for you to be free from lifetime supervision after ten years.

Advertising Child Pornography — NRS 200.725

It is a crime under Nevada’s NRS 200.725 for anyone to knowingly advertise, distribute, or prepare any material or item showing child pornography. The court charges the violation of this statute as a category B felony crime. You could face the following punishment:

  • A fine of up to $5,000
  • Imprisonment of between 1-15 years

The court could also order 25 years of registration as a Tier II Offender on Nevada’s Sex Offender Registry. During that period, your information and identity as a sex offender will be available online and accessible by the public. You will also be required to give any property or money you acquired from child pornography to the state. However, the court could dismiss or reduce your charges through your attorney's negotiation.

Child Pornography And Deportation

Under Nevada law, the crime of child porn is deportable. The offense of child porn is regarded as an offense involving moral turpitude in Nevada. You could be deported from the U.S if you are convicted of this crime and you are a U.S non-citizen. Immigrants convicted of child pornography offenses are advised to hire competent attorneys as soon as possible. Your attorney could be able to have your charges reduced or dismissed.

Sealing Of Your Child Pornography Conviction In Nevada

Nevada law does not allow the sealing of child porn cases. However, if the court dismisses your child porn case, it will be sealed right away.

Defenses To Child Pornography Charges

The following are the defenses you could use to fight your child porn charges:

No Pornography

There could be a hot debate in court on whether the alleged material qualifies as child porn. For example, the alleged pornographic material could have political, scientific, literary, or artistic value but not sexual. Your Nevada child porn case could be dropped if the prosecutor fails to prove that the material is child pornography.

No Intent

You can't face child porn charges under Nevada law if you did not knowingly possess, promote, or advertise child porn. Similarly, if you cast a child actor in a porn movie, but you had a reason to believe that the actor was mature, you committed no offense. If the prosecution fails to prove that you acted knowingly, your charges cannot stand.

Related Offenses

If the court convicts you of child porn, you could face additional charges for the following crimes depending on the circumstances of your case:

Lewd Act With A Child Under 16 Years — NRS 201.230

The offense of lewdness with a minor under 16 years is defined under NRS 201.230 as touching a minor 15 years old or younger for sexual purposes. If the minor is 13 years or younger, the crime falls under category A felony. If the minor is 14 or 15 years, then the crime falls under category B felony. You could face lewdness charges with a minor, even if the touching is a general one. As long as the touching is done with sexual intent, touching any part of a child’s body qualifies as lewdness. It does not matter if the minor initiated or consented to the sexual act.

You will face the penalties for lewdness with a minor in Nevada, depending on the minor's age. You will face Category A felony charges if the minor is under 14 years old. The punishment you could face for a first-time offense includes:

  • Fine of up to $10,000 at the judge’s discretion
  • Sex offender registration
  • Life imprisonment in Nevada state prison with the possibility of parole after ten years — If you have a prior conviction for a similar crime or comparable sex crime, there is no possibility of parole.

You will face charges for category B felony lewdness with a minor if the minor is 14 or 15 years old. The punishment you could face includes:

  • Fine of up to $10,000 at the judge’s discretion
  • Sex offender registration
  • A jail term of 1-10 years in prison

You could also face lifetime supervision under NRS 176.0931 if the court charges you with lewdness with a minor. In addition, juveniles below 18 years could be charged in Juvenile court for a delinquent act if they commit lewdness with a child less than 14 years.

You could fight NRS 200.230 charges by alleging the following:

  • You were falsely accused
  • No sexual intent
  • The victim was more than 15 years

Statutory Rape or Statutory Sexual Seduction — NRS 200.368

Statutory rape is defined under NRS 200.368 as any sexual penetration between a child who is 14 or 15 years and an adult at least 18 years of age. The lawful age of consent for sex in Nevada is 16 years. If the prosecutor accuses you of statutory rape, this statute requires that he/she prove the following elements:

  • You and the minor had penetrative sex
  • You are at least 18 years old
  • The minor is 14 or 15 years old
  • You are at least four years older than the minor

Penetrative sex includes the following sexual acts:

  • Cunnilingus
  • Penetration with fingers or objects
  • Ordinary sexual intercourse
  • Fellatio
  • Anal intercourse

If no penetrative sex happens and you engage in sexual contact with a child, you will face the charges of sexual abuse for lewdness with a child NRS 201.230. The reasoning behind the statutory seduction statute is that teens do not have the emotional and intellectual capability to consent to penetrative sex.

Depending on your age, you could face varying penalties for statutory sexual seduction under NRS 200.368. If you are 21 years or older, you will face category B felony crime charges. The penalties you could face include:

  • Fine of not more than $10,000
  • A jail term of 1 to 10 years in Nevada State Prison

If you are under 21 years and have a prior sex crime conviction, you will face category D felony criminal charges. The penalties could include:

  • Fine of up to $5,000
  • A jail term of 1 to 4 years in prison

You could fight your NRS charges using the following defenses:

  • False accusations
  • No penetrative sex occurred
  • The alleged victim was old enough to consent

Find A Criminal Defense Attorney Near Me

If you are already arrested, or you think you could be under investigation for a child pornography offense in Nevada, you need legal counsel as soon as possible. The Law Offices of Martin Hart fights could help you create a solid defense to have child pornography charges reduced or dismissed. We will review your case as soon as you contact us and chart a defense strategy. Call us at 702-380-4278 and speak to one of our Las Vegas attorneys.