In many ways, child pornography laws in Nevada are even harsher than laws against child molestation. For prosecutors, child porn charges are often easier to prove as well. Any charge of child pornography is considered a crime of “moral turpitude” that comes with a lifetime of collateral consequences including a requirement to register as a sex offender. In many of these cases, even for a first offense, the prosecutor is seeking a long prison sentence.
Under Nevada law, the child pornography statutes make it a crime to produce, advertise, promote, intentionally view or possess any image or depiction of child pornography.
Child pornography in Nevada is generally defined to include a display of sexual conduct that involves minor children and it meant to appeal to the viewer's lewd instincts. Child pornography often takes the form of printed photographs, electronic images, films, video, or other kinds of visual representations. Related offenses include lewdness with a child under 14 under NRS 201.230 and child abuse, neglect and endangerment under NRS 200.508.
Never speak to a law enforcement officer about the allegations until after you have spoken to an experienced criminal defense attorney. Contact Attorney James C. Gallo to discuss any criminal charge for child pornography in the State of Nevada. With offices in downtown Las Vegas, Gallo Law Office represents clients throughout all of Clark County, including Las Vegas, North Las Vegas, Henderson, and Boulder City, NV.
Possession of Child Pornography in Nevada
NRS 200.730 makes it a crime to knowingly possess child pornography depicting a minor child under the age of 16 years old. A first offense of possessing child pornography of a child under 16 is classified as a “category B felony” which carries a prison sentence of one to six years.
A second or subsequent offense is classified as a category A felony which is punishable by up to one year to life in prison with the possibility of parole. In addition, the courts in Nevada can impose a fine of up to $5,000 for each offense.
NRS 200.730 provides that a person can be charged possession of child porn when the person “who knowingly and willfully has in his possession for any purpose any film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct….”
Crimes of Advertising Child Pornography
Nevada Revised Statute 200.725 makes it a crime to knowingly advertise child pornography. The crime of advertising child porn in Nevada is classified as a category B felony which is punishable by one (1) to fifteen (15) years in prison and/or a $15,000 fine.
NRS 200.725 provides that child porn includes anyone who “knowingly prepares, advertises or distributes any item or material that depicts a minor engaging in, or simulating, or assisting others to engage in or simulate, sexual conduct….”
To Promote or Use a Child in Pornography
The penalties for the production or use of a child in pornography apply even if the images are produced for personal use and with no intention to distribute, sell or exhibit the images. Under Nevada law, promoting or using the child in pornography is classified as a “category A felony” in Nevada which carries a life sentence and a fine of up to $100,000.
Eligibility for parole does not begin until after five years have been served if the child was fourteen or older at the time of the child pornography production. Parole eligibility does not begin until after 10 years have been served if the child was under fourteen (14) at the time of the offense.
Nevada Revised Statute 200.710 and NRS 200.720 makes it a crime to knowingly allow a minor child to be used in the production of pornography. See N.R.S. 200.710 provides that the “production” of child pornography in Nevada includes a "person who knowingly uses, encourages, entices or permits a minor to simulate or engage in or assist others to simulate or engage in sexual conduct to produce a performance" or a "person who knowingly uses, encourages, entices, coerces or permits a minor to be the subject of a sexual portrayal in a performance . . . regardless of whether the minor is aware that the sexual portrayal is part of a performance."
Additionally, it is a crime for anyone to promote the minor child for the purpose of using them in child pornography. NRS 200.720 provides that in the State of Nevada, the promotion of child porn includes a "person who knowingly promotes a performance of a minor . . . [w]here the minor engages in or simulates, or assists others to engage in or simulate, sexual conduct; or [w]here the minor is the subject of a sexual portrayal...."
Chart of Penalties for Crimes Against Children
NRS 200.730 - Possession of child pornography, subsequent offense - category A felony - 1 year to life, with the possibility of parole (Optional fine, not more than $5,000)
NRS 200.730 - Possession of child pornography, first offense - category B felony - 1 to 6 years (Optional fine, not more than $5,000)
NRS 200.727 - Intentionally viewing pornography depicting child less than 16 years of age controlled through the Internet, subsequent offense - category B felony – 1 to 6 years (Optional fine, not more than $5,000)
NRS 200.727 - Intentionally viewing pornography depicting child less than 16 years of age controlled through the Internet, first offense C–1 to 5 years (Optional fine, not more than $10,000)
NRS 200.725 - Distribution of child pornography - category B felony - 1 to 15 years (Optional fine, not more than $15,000)
NRS 200.720 - Promoting child pornography, child less than 14 years of age (see NRS 200.750) - category A felony - Life with a 10-year minimum for parole (Mandatory fine, not more than $100,000)
NRS 200.720 - Promoting child pornography - child 14 years of age or older (see NRS 200.750) - category A felony - Life with a 5-year minimum for parole (Mandatory fine, not more than $100,000)
NRS 200.710 - Child pornography -child less than 14 years of age (see NRS 200.750) - category A felony - Life with a 10-year minimum for parole (Mandatory fine, not more than $100,000)
NRS 200.710 - Child pornography - child 14 years of age or older (see NRS 200.750) - category A felony- Life with a 5-year minimum for parole (Mandatory fine, not more than $100,000)
Additional Resources
Penalties for Nevada Felonies - Last revised in November of 2011, the Nevada State Legislature's Fact Sheet on Crimes was complied by the Legislative Counsel Bureau, Research Division Publication. The Crime Chart listing penalties for felonies under Nevada Revised Statutes. Find the NRS cite, the name of the crime, and the category and sentence.
Internet Crimes Against Children in Nevada - Visit the website of the Las Vegas Metropolitan Police Department (LVMPD) to learn more about Internet Crimes Against Children Unit. The “ICAC” Unit is a division of the Sexual Assault and Abuse Section of the Crimes Against Youth and Family (CAYF) Bureau of the Investigative Services Division. The ICAC Unit is one of 61 of these types of Task Forces across the country. NVICAC works in partnership with the Federal Bureau of Investigation Child Exploitation Task Force (CETF). The ICAC investigates crimes of the possession, distribution, or manufacturing of child pornography, sexual assault, luring children with technology, kidnapping, statutory sexual seduction, and open and gross lewdness. The ICAC Unit has four full time LVMPD detectives and a police sergeant, an computer analyst, and an Investigative Specialist.
Defense Attorney for Child Pornography Charges in Las Vegas, NV
If you are charged with any criminal offense related to child pornography for intentionally viewing, possessing, promoting or distribution then contact an experienced criminal defense attorney in Las Vegas, Clark County, NV.
James C. Gallo is experienced in fighting serious felonies that are classified as "sexually motivated" offenses including child pornography and related charges of sexual assault, child abuse, neglect and endangerment under NRS 200.508 or lewdness with a child under 14 under NRS 201.230.