An arrest does NOT guarantee a conviction. We may be able to get the charges reduced or dismissed without a trial. Visit our page on Nevada criminal defense laws to learn more.
Nevada Criminal Defense
An arrest does NOT guarantee a conviction. We may be able to get the charges reduced or dismissed without a trial. Visit our page on Nevada criminal defense laws to learn more.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Nevada Family Law
Few legal matters have the potential to alter an individual's life more than a legal dispute between family members. Visit our page on Nevada family law to learn more.
Nevada Immigration
Immigrating to the U.S. is a gauntlet of forms, rules and interviews. But our attorneys are committed to making the process as quick and easy for you as possible. Visit our page on Nevada immigration laws to learn more.
Nevada Personal Injury
If you have been injured in an accident, we will fight to recover the biggest settlement possible in your case. Visit our page on Nevada personal injury laws to learn more.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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Yes. Common ways innocent people get child pornography on their computers are:
Therefore, computer users are advised to be very careful never to open emails from people they do not know. Computer users should also invest in virus-scanning software. And computer users should never let other people use their computers unless they watch them or completely trust them not to do anything illegal.
Child pornography (also called “kiddie porn”) is any representation of sexual conduct with minors with the purpose of appealing to a viewer’s baser instincts. Sexual conduct comprises either:
Child pornography is typically in the form of photos or videos. Courts may take various measures to determine whether something qualifies as child pornography, including viewing the pornography and taking into account witnesses and medical expert testimony.
Under NRS 200.730, it is a category B felony in Nevada to knowingly possess pornography of children under sixteen (16). The penalty for a first-time offense is one to six (1 – 6) years in Nevada State Prison. A subsequent offense of violating NRS 200.730 is a category A felony, carrying
Note that NRS 200.730 convictions may never be sealed from a defendant’s criminal record. But if the charge gets dismissed, the defendant can pursue a record seal right away.
Also, note that violating NRS 200.730 is a deportable crime. Therefore, non-citizens convicted of it can be thrown out of the U.S.
Finally, note that Nevada law imposes potentially harsher punishments for advertising child pornography or using a minor to create the pornography. Meanwhile, using the internet to view child pornography carries potentially laxer punishments than possessing the pornography.
Violating NRS 200.730 is an intent crime: This means that a person has to know he/she has the pornography in order to be guilty of possession.
Therefore, one of the best defenses to NRS 200.730 charges is that the defendant did not knowingly possess the pornography. If the defense attorney can show that the pornography existed on the defendant’s computer without his/her knowledge, the charges should be dropped:
Example: William gets on an unsecured network at a local coffee house to check his email. Unbeknownst to him, another person on the network hacks into William’s computer and puts child pornography in his files. Meanwhile, the FBI tracks this material and arrests William for possession. William’s attorney hires an expert who studies the computer and can testify that the pornography was put there by hackers and that William never once opened the files containing the pornography. This testimony convinced the D.A. to drop the charges against William.
Learn more about Nevada laws of possession of pornography with children.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.