Child Pornography Laws in Nevada, Penalties and More

This is a topic no one really wants to speak about or discuss considering the topic.

However, this is a serious legal issue that has become a worldwide issue. We read and hear stories all the time about child sex trafficking from other countries and horrible stories of abuse of children.

But this issue is right under our noses. Child pornography and child sex trafficking is a huge issue in the United States even though most people don’t want to acknowledge that fact. All states including Nevada have strict laws against child pornography. 

The federal government also has its own laws that govern this topic. 

Being charged with any type of child pornography crime can lead to serious prison time including life in prison, as well as having to register a sex offender. If you have been charged with any sex crime against a child you need to hire a lawyer immediately.

The Defenders is a criminal defense lawyer with offices in Las Vegas and Reno. Our attorneys have years of experience defending clients who have been charged with various criminal charges. We understand the serious consequences that come along with these charges and will fight tirelessly for your rights.

If you or someone you know has been accused of a child pornography crime, contact our office today to discuss your case for free.

Age of Consent in Nevada

Before we discuss the laws, you should know what the age of consent is in Nevada. 

The age of consent in Nevada is 16 years old to consent to sexual activity. However, the federal standard is 18 years of age for consent. 

If the child is under the age of 14 at the time of the incident then the charges are different as well as the penalties more severe. 

What Is Considered Child Pornography?

First, child pornography is considered an intent crime in Nevada and it must be proven that you intended to possess, promote or produce kiddie porn. 

Child pornography laws in Nevada prohibit possessing, advertising, or creating child pornography in Nevada. 

Child pornography is a display of any sexual conduct involving minors meant to appeal to viewers’ instincts.

Sexual conduct can include:

• Sexual intercourse 
• Lewd exhibition of the genital areas
• Fellatio
• Cunnilingus 
• Bestiality 
• Anal intercourse 
• Excretion 
• Sadomasochistic abuse 
• Masturbation
• The penetration of any object inserted into by a person into the genital or anal opening of another minor

Child pornography encompasses printed photographs, digital or electronic images, videos, films, theatrical performances, or any other visual representation, including live performances.

It is up to the court and the jury to determine if the victim in question was a minor at the time of the alleged incident.

Defenses Against Child Pornography Charges

Sex crimes against children are serious crimes and could land someone in prison for a long time and have life altering consequences. Therefore, if you are charged with child pornography you need a strategic defense to fight the charges. 

There are two main defenses that are commonly used to fight these charges.

Defense #1: There Was No Intent

Remember, child pornography is an intent crime.

You cannot be convicted of this crime if you did not knowingly promote, advertise, or possess child pornography. If you received a child porn item without your knowledge or consent, you may not be guilty of possession of child porn.

A more common occurrence is if someone cast a minor in a movie but had every reason to believe they were of the age of consent, then you have committed no crime. If the minor presented documentation that they were of age even though they were not and you believed the documentation, you have not committed a crime.

If you didn’t knowingly or intently act, then you should not be convicted.

Defense #2: Material Is Not Pornography

The material in question must qualify as porn for there to be a crime. If the material has serious artistic, political, or scientific value and is not sexual in nature then it may not be considered child pornography.

In this case, the use of expert witnesses can attest to the artistic value and how similar materials are not considered porn. This is a harder defense since what is considered pornography can be subjective.

Your legal team will use evidence gathered in the investigation to mount a strategic defense against child pornography charges.

Penalties for Child Pornography Charges

Not only could you face a significant prison time for child pornography charges you will also have to register as a sex offender. The sentences are different depending on whether you are convicted of producing, advertising, possessing, or using the internet to watch child porn. These are all considered separate offenses in Nevada.

• Using or promoting the use of child pornography: This offense is a category A felony and can mean a life sentence in prison and a fine of $100,000.
  • If the child was under the age of 14 at the time of the production you will not be eligible for parole until at least 10 years in prison. 
  • If the child was over 14 you may be eligible for parole after 5 years. It does not matter if you produced the porn for personal use with no intention to sell or exhibit or dispute it. 
• Advertising Child pornography: NRS 200.725 makes it illegal to knowingly prepare advertising or distributing child pornography.  This a category B felony with a penalty of 1 to 15 years in prison and a fine of up to $15,000. Even if you never actually possess the material, it is still a crime to advertise it.
• Possessing Child Pornography: NRS 200.730 makes it illegal to knowingly and willfully possess child pornography of children under the age of 16. This is a category B felony with penalties of 1 to 6 years in prison. If charged again, you could face life in prison with possibility of parole and a fine of up to a $5,000 fine.
• Using the internet to view child pornography: NRS 200.727 makes it illegal to knowingly use the internet to view child pornography with a child at the age of 16. The penalties are 1 to 5 years in prison and a fine of up to $10,000. 

Note that these are the penalties in Nevada. If, however, the material in question crosses state lines you may be charged with federal child pornography charges together with the state charges.

Can I Get My Records Sealed for a Child Pornography Charge?

Unfortunately, child pornography charges cannot be sealed in Nevada. This is because these types of crimes are considered morally reprehensible and sealing the records would not serve justice for potential future victims.

Also, being charged or convicted with a sex crime could result in certain restrictions or limitations on employment, housing, and other opportunities.

However, if there is no conviction, then the record can be sealed right away. 

Facing Child Pornography Charges? Call Us For Help

Child pornography charges are serious crimes with serious consequences. You need to hire an experienced attorney with expertise in these types of cases. Getting your charges dropped or lowered to a lesser charge will be our main goal at The Defenders.

We have been representing clients facing charges from everything from DUI to murder and everything in between. Our team will investigate your case thoroughly using evidence to get the charges dismissed. 

Our goal is to get you out of the court system and back to your life. 

Child pornography charges are not only a serious crime but come with a stigma that can follow you for the rest of your life especially if you have to register as a sex offender. 

You could face not being able to gain employment or not be able to live in a certain area since being near a school is prohibited for registered sex offenders. You may not be able to get an apartment or even attend some school if even charged with a sex crime against children.

You need a defense team that can represent you vigorously. 

Contact our office today to discuss your case for free.

Frequently Asked Questions