Child pornography is a highly severe crime that is punishable both on the state and federal level. Specifically, Nevada law requires severe punishments to those who have been convicted of using or promoting minors in pornography and even possessing pornography on their computer.  

WHAT IS CHILD PORNOGRAPHY?

Child pornography is the visual deception of sexual activity or sexually related conduct involving minors. Child pornography can be displayed through video, pictures and other computer-generated conduct.

WHAT CONSTITUTES CHILD PORNOGRAPHY?

Child pornography is broken down into several different categories under the Nevada Revised Statutes. 

  • NRS 200.710 and NRS 200.720 state that it is unlawful to use or promote minors in any production of pornography or as a subject of sexual activity in a performance. This statute essentially discusses that it is unlawful for any individual to willingly use, encourage, permit or promote a minor to engage in any sexual activity for the purpose of producing pornography.

  • NRS 200.725 states that it is unlawful to prepare, advertise or distribute pornography involving minors.

  • NRS 200.730 states that it is unlawful to possess any pornography including film and video, photographs or any other visual representation involving a child under the age of 16 years old.

PENALTIES OF CHILD PORNOGRAPHY:

If you have been charged with using or promoting minors in any production of child pornography under NRS 200.710 or NRS 200.720, you are guilty of a category A felony and can be punished:

  • If the minor is 14 years of age or older:

    • Imprisonment for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; and

    • A fine of not more than $100,000.

  • If the minor is less than 14 years of age:

    • Imprisonment for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; and

    • A fine of not more than $100,000.

If you have been charged with possessing any pornography involving a child under the age of 16 years old under NRS 200.730:

  • For first time offense, you are guilty of a category B felony and will be punished a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

  • For any subsequent offense, you are guilty of a category A felony and will be punished a minimum term of not less than 1 year and a maximum term of life with the possibility of parole, and may be further punished by a fine of not more than $5,000.

DEFENSES TO CHILD PORNOGRAPHY CHARGES IN LAS VEGAS:

  • You were not aware that the child pornography was on the computer you were using. In certain cases, if you share a computer with another individual, there may have been child pornography on the computer but you were never aware that the content was on the computer nor did you intent for the content to be there.

  • The child pornography was uploaded onto your computer through a virus. In certain circumstances, child pornography or even all forms of pornography can be uploaded onto your computer through  a virus which you were never aware of.

Because every case dealing with child pornography is different, it is imperative that you contact an experienced criminal defense attorney such as Adrian Lobo to help advise you on the proper steps to take in your case. Contact Adrian Lobo to schedule a consultation to discuss your child pornography case and get the help you deserve.