Las Vegas Child Pornography Attorney

Child Pornography Charges In Las Vegas, Nevada

In several respects, penalties for child pornography in Nevada are more severe than those against child molestation. For prosecutors as well, child porn charges in Nevada are frequently simpler to confirm. Any accusation of child pornography is seen as a crime of “moral turpitude” that comes with numerous lifelong unintended effects, such as needing to sign up as a sex offender. In the majCority of these cases, even for a first offense. The child pornography laws in Nevada are severe. It is a felony under Nevada law to create, advertise, promote, deliberately view or possess any picture or representation of child pornography.

If you’re facing child pornography or any other sex crime charges, it’s critical that you speak with an experienced criminal defense attorney before discussing the charges with a law enforcement officer. The Spartacus Law Firm can help you understand any criminal charge for child pornography in the State of Nevada. Contact our Las Vegas child pornography attorney today for a consultation and to learn more about how we can help.

Child Pornography Defined

According to NRS 200.730, it’s considered a crime when an individual “knowingly and willfully has in his or her possession for any purpose” any photo or video showing a person 15-years old or younger “as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct.” Specifically, NRS 200.730 forbids possessing child pornography depicting any of the following sexual conduct:

• Sexual intercourse,
• Open or gross lewdness of the genitals,
• Fellatio,
• Cunnilingus,
• Bestiality,
• Anal intercourse,
• Excretion,
• Sadomasochistic abuse,
• Masturbation,
• The penetration of any part of a person’s body, or
• The penetration of any object manipulated or inserted by a person into the genital or anal opening of the body of another

Penalties For Child Pornography In Nevada

Depending on the location of the crime, someone might be charged under either Nevada law or federal law. If it’s Nevada law, then penalties could include the following:

• 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)

Federal Child Pornography Penalties

Most child pornography is viewed, sent, or otherwise accessed through the internet, often leaving open the possibility that the offenses are violations of the United States Constitution’s Commerce Clause when the material involved crossed state lines. Child pornography is defined under 18 U.S. Code § 2256(8) as any visual depiction of a minor engaging in sexually explicit conduct, and such images are not protected by the First Amendment to the United States Constitution.

Not only do they involve harsh mandatory minimum prison sentences and even steeper fines, but prosecutors in these cases have far greater resources than state agencies. Some of the federal charges relating to child pornography include:

Sexual Exploitation of Children (18 U.S. Code § 2251)

Production or attempts or conspiracy to produce child pornography is punishable by a mandatory minimum of 15 years up to 30 years in prison and a fine of up to $250,000 for a first offense. A second offense is punishable by a mandatory minimum of 25 years up to 50 years in prison and a fine of up to $250,000. Third or subsequent offenses are punishable by a mandatory minimum of 35 years up to life in prison and a fine of up to $250,000.

Certain Activities Relating to Material Involving the Sexual Exploitation of Minors (18 U.S. Code § 2252)

Transporting, shipping, receiving, or distributing child pornography is punishable by up to 20 years in prison and a fine of up to $250,000 for a first offense. Second or subsequent offenses are punishable by a mandatory minimum of 10 years up to 40 years in prison and a fine of up to $250,000.

Certain Activities Relating to Material Constituting or Containing Child Pornography (18 U.S. Code § 2252A)

Mailing, transporting, shipping, receiving, distributing, or reproducing child pornography is punishable by up to 20 years in prison and a fine of up to $250,000 for a first offense. Second or subsequent offenses are punishable by a mandatory minimum of 10 years up to 40 years in prison and a fine of up to $250,000.

Obscene Visual Representations of the Sexual Abuse of Children (18 U.S. Code § 1466A)

Knowingly producing, distributing, receiving, or possessing with intent to transfer or distribute visual representations, such as drawings, cartoons, or paintings that appear to depict minors engaged in sexually explicit conduct and are deemed obscene is punishable by a mandatory minimum of five years up to 20 years in prison and a fine of up to $250,000 for a first offense. Second or subsequent offenses are punishable by a mandatory minimum of 15 years up to 40 years in prison and a fine of up to $250,000.

Defense Strategies To Child Pornography Charges In Nevada

If you are suspected of child pornography charges in Nevada, the punishments can be very severe. However, our Las Vegas child pornography attorney has extensive experience in fighting such cases and will do everything possible to help you avoid a conviction. At the Spartacus Law Firm, we routinely defend Clark County residents who are facing serious sex crime charges. Although every case is different, there are a handful of common defenses that can be used in these types of cases, including:

• Law enforcement entrapment, in the case of a police officer who pretended they were a child offering pornographic photos
• If a computer is used by many individuals, there may be doubts as to which individual downloaded indecent material
• Demonstrating that a computer had previously been used to distribute child pornography, despite the new owner’s knowledge