Nevada “Child Pornography” Laws

In Nevada, it is a felony to possess, produce, or promote any sexual depiction of minors, otherwise called “child pornography.” It is also illegal to view child porn on the internet even if you never download or save the images.

Predictably, the consequences of a child pornography conviction are harsh in Nevada. The prison term and fines depend on the specific crime you are charged with, as the following table shows:

Child Pornography Crime	Nevada Penalties
Possession of child pornography (NRS 200.730)	Category B felony for a first offense:  1 to 6 years in Nevada State Prison for a first offense and up to $5,000. Category A felony for a subsequent offense:  1 year to a life sentence with the possibility of parole and up to $5,000.
Using the internet to control or view child pornography (NRS 200.727)	Category C felony:  1 to 5 years in prison and up to $10,000. Subsequent offenses carry 1 to 6 years in prison and up to $5,000.
Advertising child pornography (NRS 200.725)	Category B felony:  1 to 15 years in prison and up to $15,000.
Using a child to make pornography (NRS 200.710) or Promoting child pornography (NRS 200.720)	Category A felony:  Life in prison and up to $100,000. If the minor was 14 or older at the time of production, eligibility for parole begins after five years have been served. If the child was under 14 at the time, parole eligibility begins after 10 years.

In addition, you must register as a Tier II sex offender for 25 years. Plus, the case can never be sealed from your criminal record.

However, it may be possible to get the charges reduced to lesser offenses or dismissed completely.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding Nevada child pornography laws:

• 1. What is child porn?
• 2. Elements
• 3. Defenses
• 4. Record Seals
• 5. Immigration Consequences
• 6. Federal Penalties
• 7. History
• 8. Related Crimes
• Additional Reading

1. What is child porn?

In Nevada, “child pornography” comprises a display of sexual conduct involving minors meant to appeal to a viewer’s baser instincts. “Sexual conduct” means either:

• sexual intercourse,
• lewd exhibition of the genitals,
• fellatio,
• cunnilingus,
• bestiality,
• anal intercourse,
• excretion,
• sadomasochistic abuse,
• masturbation, and/or
• the penetration of any object manipulated or inserted by a person into the genital or anal opening of the body of another, and/or
• simulating, or assisting others to engage in or simulate, sexual conduct.

Child pornography can take the form of printed photos, digital or electronic images, videos, films, plays, or any other kind of visual representation or live performance.² 

In determining whether a person depicted in pornography is underage, a Nevada court or jury may:

1. inspect the person,
2. view the pornography,
3. consider witness and medical expert opinions, and
4. use any other lawful method available.

The law can be murky with regard to AI-generated images, animated images, or real images that are altered to appear sexual. Therefore it is advisable to avoid all materials that depict juveniles in a sexual way, even if they are fake.¹

2. Elements

As discussed below, Nevada has five separate statutes prohibiting the possession, cyber-viewing, advertising, promotion, or creation of child pornography.

1) Possession of Child Pornography (NRS 200.730)

For you to be convicted of possessing child pornography under NRS 200.730, Nevada prosecutors must prove beyond a reasonable doubt the following three elements:

1. You knowingly and willfully possessed child pornography,
2. A child depicted was under 16 years old, and
3. This material was a film, photograph, or other visual representation.

“Possession” can mean:

• “actual possession,” such as physically holding the materials; or
• “constructive possession,” such as storing the materials in your closet, on your computer, in the “cloud,” or other area you have control over; or
• “joint possession,” where you and at least one other person share control over the materials in physical or digital form.

Certainly, there is an exception for law enforcement: Police officers and prosecutors are allowed to possess these materials in the course of their investigation and prosecution.

Note that prosecutors can bring NRS 200.730 charges regardless of why you possessed the materials. Also, this statute does not apply if the minor depicted is 16 or 17 years old.²

2) Viewing Child Pornography on the Internet (NRS 200.727)

For you to be convicted of watching child pornography on the internet under NRS 200.727, Nevada prosecutors must prove beyond a reasonable doubt the following three elements:

1. You knowingly and willingly watched child pornography,
2. A child depicted was under 16 years old, and
3. You used the internet to control the film, photograph, or other visual representation of the pornography.

It does not matter whether you used a desktop, laptop, tablet, or phone. This statute also does not apply if the minor is 16 or 17.³

3) Advertising or Distributing Child Pornography (NRS 200.725)

For you to be convicted of advertising or distributing child pornography under NRS 200.725, Nevada prosecutors must prove beyond a reasonable doubt that you knowingly prepared, advertised, or distributed any item or material that depicts a minor:

• engaging in sexual conduct,
• stimulating sexual conduct, or
• assisting others to engage in or stimulate sexual conduct.

For this crime, the minor can be as old as 17. Also, advertising child pornography is a crime even if you never personally possess or view the materials.

Note that it does not matter whether the materials are distributed in physical form or digital form, such as through peer-to-peer networks.⁴

4) Making Child Pornography (NRS 200.710)

For you to be convicted of producing child pornography under NRS 200.710, Nevada prosecutors must prove beyond a reasonable doubt that either:

• You knowingly used, encouraged, enticed, or permitted a minor to simulate or engage in – or assist others to simulate or engage in – sexual conduct to produce a performance; or
• You knowingly used, encouraged, enticed, coerced or permitted 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.

For this crime, the minor can be as old as 17. Note that penalties still apply even if the pornography is produced for personal use and with no intention to sell, exhibit, or distribute it.⁵

5) Promoting Child Pornography (NRS 200.720)

For you to be convicted of promoting child pornography under NRS 200.720, Nevada prosecutors must prove beyond a reasonable doubt that you knowingly promoted the performance of a minor where either:

• the minor engaged in or simulated – or assisted others to engage in or simulate – sexual conduct; or
• the minor is the subject of a sexual portrayal.

As with making child pornography, promoting child pornography is still a crime even if the minor is 16 or 17.⁶

3. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with sex crimes such as child pornography. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting these cases reduced or dismissed.

1) You Had No Criminal Intent

You are innocent of child pornography if you did not knowingly promote, advertise, or possess child pornography.⁷

Example: Jed lives in Las Vegas and receives a child porn magazine in the mail that he did not order nor expect. He calls the police right away to report the incident. Since Jed did not knowingly acquire the child porn and alerted authorities as soon as possible, he should not be prosecuted for possessing child porn.

Similarly, if you cast a minor actor in a pornographic movie but had every reason to believe the actor was an adult, you committed no crime.

We find “lack of intent” to be a very strong defense because prosecutors can never definitively prove what was going on in your head. As long as the D.A. cannot show beyond a reasonable doubt that you acted knowingly, criminal charges should not stand.

2) There Was No Pornography

There may be a genuine debate about whether the material in question qualifies as child pornography. Perhaps the material is not sexual and instead has serious literary, artistic, political, or scientific value.

In these cases, we can call upon expert witnesses to explain how similar materials to the one in your case are not considered pornographic. Consequently, Nevada’s child pornography laws should not apply, and the case should be dropped.⁸

3) You Were Falsely Accused

Perhaps the police mistakenly mistook you for the real perpetrator. Or perhaps the police entrapped you by planting the child porn on your computer. Or perhaps someone who was angry at you lied about you having child porn just to get you into trouble.

In any of these cases, we would conduct a thorough forensic investigation of all the available surveillance video, browser histories, and recorded communications to show that you never intentionally possessed the materials in question.

4. Record Seals

If your child pornography case gets dismissed (meaning there is no conviction), the case can be sealed right away. Though as mentioned above, Nevada law does not permit the sealing of child pornography convictions.⁹

5. Immigration Consequences

Child pornography is a crime involving moral turpitude. Consequently, non-citizens who have been convicted of it may be deported from the U.S.

Foreigners charged with any crime are advised to retain experienced counsel as soon as possible. An attorney may be able to get the case dismissed or charges reduced to a non-removable offense.¹⁰

6. Federal Penalties

Child pornography is prohibited under federal law in addition to Nevada law. The federal prison sentence is:

• 5 to 20 years for possession and
• 15 to 30 years for distribution or production.

Plus, judges can impose a fine of up to $250,000.¹¹

7. History

The following is a timeline of major legislation and cases regarding Nevada child pornography laws.

• 1979: Nevada made it unlawful to use a minor to produce pornography. (AB 142)
• 1983: Nevada made it unlawful to promote the sexual performance of a minor and to possess child pornography. The state also codified the definition of child pornography, the factors courts should use to determine whether a person is a minor, and forfeiture proceedings. (AB 189)
• 1995: Nevada made it illegal to advertise or distribute child pornography, though it made an exception for law enforcement when it is necessary to carry out its duties. (AB 405)
• 2004: The Nevada Supreme Court reaffirmed that prosecutors can copy child pornography for the purpose of helping defendants prepare their defense. (State v. Second Judicial Dist. Court (Nev. 2004) 89 P.3d 663)
• 2005: The Nevada Supreme Court held that people can be convicted of both possession and production of child pornography without violating double jeopardy. (Wilson v. State (Nev. 2005) 114 P.3d 285)
• 2006: The Nevada Supreme Court clarified the elements of the crime of production of child pornography. (Casteel v. State (Nev. 2006) 131 P.3d 1)
• 2009: Nevada made it illegal to use the internet to view child pornography. (AB 88)
• 2011: Nevada codified juvenile court consequences for minors who use phones, tablets, or computers to possess or distribute sexual images of minors. (SB 277). The Nevada Supreme Court reaffirmed that “minor” means a child under 18 years old. (State v. Hughes (Nev. 2011) 261 P.3d 1067)
• 2016: The Nevada Supreme Court clarified that under “the rule of lenity,” the simultaneous possession of more than one image of child pornography is punished as one count. (Castaneda v. State (Nev. 2016) 373 P.3d 108)
• 2022: The Nevada Supreme Court affirmed that NRS 200.710(2) was constitutional. (Sena v. State (Nev. 2022) 510 P.3d 731)
• 2024: The Nevada Court of Appeals held that a NRS 200.710(1) conviction requires that the defendant knew (or should have known) that the victim was a minor. (Morrison v. State (Nev. Ct. App. 2024) 548 P.3d 431)

8. Related Crimes

• Lewdness with a child under 16 (NRS 201.230): Committing a sexual act on a child under 16 carries a life sentence with the possibility of parole after 10 years, sex offender status, and possibly a fine of up to $10,000.
• Child abuse (NRS 200.508): Causing a child to suffer physical or mental harm carries incarceration and fines depending on the severity of the injuries.
• Child trafficking (NRS 200.4685): It is a category C felony to buy or sell a child or to permanently leave them with a non-relative. Penalties include one to five years in prison and a possible fine of up to $10,000 plus restitution.
• Sexual assault (NRS 200.366): Non-consensual penetrative sex is a category A felony carrying life in prison. Parole may be possible in some cases.
• Statutory sexual seduction / statutory rape (NRS 200.368): An adult having sexual penetration with a child age 15 or 14 and with a minimum four-year age difference carries up to 10 years in prison and sex offender status. (Sixteen is the age of consent in Nevada.)
• Prostitution (NRS 201.354): When no minors are involved, trading sexual favors for something of value is a misdemeanor carrying up to six months in jail and/or up to $1,000. Merely offering or agreeing to trade money for sex (“solicitation“) carries the same penalties even if no sex takes place and no money changes hands. Meanwhile, soliciting a minor is a category D felony carrying one to four years in prison and up to $5,000.

Additional Reading

For more in-depth information, refer to these informational articles:

• The Perverse Law of Child Pornography – Columbia Law Review.
• Child Pornography Law: Does it Protect Children? – Journal of Social Welfare and Family Law.
  
• Defining Child Pornography: Law Enforcement Dilemmas in Investigations of Internet Child Pornography Possession – Police Practice and Research.
• The Expansion of Child Pornography Law – New Criminal Law Review.
• Legal definitions of child pornography – Journal of Sexual Aggression.

Go back to our Nevada sex crimes page.

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