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Nevada Child Pornography Laws

Under Nevada's child pornography laws, it is illegal to possess, distribute, or produce child pornography. This article briefly outlines Nevada's child pornography laws, including the prohibited act and possible penalties.

Producing, Distributing, or Possessing Child Pornography

Code Section

Nevada Code sections 200.710 and 200.720: Producing Child Pornography

What's Prohibited?

  • Knowingly using, encouraging, enticing, or permitting a minor to simulate or engage in (or assist others to simulate or engage in) sexual conduct to produce a performance.
  • Knowingly promoting a performance of a minor where the minor engages in or simulates (or assists others to engage in or simulate) sexual conduct, or where a minor is the subject of sexual portrayal.

Penalties

Class A felony, punishable by life with the possibility of parole and a fine of up to $100,000.

Exception

This law doesn't apply to law enforcement personnel during the investigation or prosecution of a child pornography violation.

Code Section

Nevada Code section 200.725: Distributing Child Pornography

What's Prohibited?

Knowingly preparing, advertising, or distributing any item or material that depicts a minor engaging in or simulating (or assisting others to engage in or simulate) sexual conduct.

Penalties

Class B felony that is punishable by imprisonment for one to 15 years, and/or by a fine of up to $15,000.

Exception

This law doesn't apply to law enforcement personnel during the investigation or prosecution of a child pornography violation.

Code Section

Nevada Code section 200.730: Possessing Child Pornography

What's Prohibited?

Knowingly and willfully possessing any film, photograph, or other visual presentation depicting a person who is less than 16 years old as the subject of a sexual portrayal or engaging in or simulating (or assisting others to engage in or simulate) sexual conduct.

Penalties

First Offense: Class B felony that is punishable by imprisonment for one to six years, and a fine of up to $5,000.

Any Subsequent Offense: Class A felony that is punishable by imprisonment for at least one year and at most life in prison with the possibility of parole, and a fine of up to $5,000.

Exception

This law doesn't apply to law enforcement personnel during the investigation or prosecution of a child pornography violation.

Definitions

Under Nevada's child pornography laws the following definitions apply:

  • Sexual portrayal: The depiction of a person in a manner that appeals to the prurient interest in sex which doesn't have serious literary, artistic, political, or scientific value.
  • Sexual conduct: Sexual intercourse, lewd exhibition of the genitals, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or the penetration of any part of a person's body or of any object manipulated or inserted by a person into the genital or anal opening of the body of another.

Sex Offender Registration

A child pornography offense in Nevada qualifies as a sex crime, and the perpetrator is deemed to be a sex offender. Every convicted sex offender in Nevada is required to register with the sex offender registry. For more information about sex offenses and sex offenders check out the U.S. Department of Justice's National Sex Offender Public Website.

Additional Resources

State laws change frequently. For case specific information regarding Nevada's child pornography laws contact a local criminal defense attorney.

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