NRS 200.710 – Using a Minor to Produce Pornography – Nevada Law

Violating NRS 200.710 is a category A felony, carrying:

• life in Nevada State Prison with the possibility of parole,
• up to $100,000 in fines, and
• 25 years on the Sex Offender Registry (Tier II)

But after conducting a thorough investigation, the defense attorney may convince the prosecutors to lessen or dismiss the charges through a plea bargain. Three common defense strategies to combat NRS 200.710 charges include:

1. the defendant did not act knowingly,
2. the performance was protected by the U.S. Constitution, and
3. the defendant was falsely accused

In this article, our Las Vegas criminal defense attorneys discuss the Nevada offense of using a child to produce pornography. Click on a topic to jump to that section:

• 1. Legal definition of using a minor to produce pornography in Nevada
• 2. Nevada penalties for using a minor to produce pornography
• 3. Defenses
• 4. Immigration consequences
• 5. Record seals
• 6. Related offenses

1. Legal definition of using a minor to produce pornography in Nevada

NRS 200.710 makes it a Nevada crime when a person “knowingly uses, encourages, entices or permits a minor to” either:

• simulate or engage in sexual conduct to produce a performance;
• assist others to simulate or engage in sexual conduct to produce a performance; or
• 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)¹

In short, it is against state law to use or allow a child under 18-years-old to engage in sexual acts as part of a performance.² It makes no difference whether the performance is live — such as in a theater or live-streamed over the internet — or recorded as a photograph, video, film, or audio file.³

Nevada law counts each sexual performance involving a minor as a separate criminal count.⁴ So if a defendant allegedly used a minor to engage in sexual activity in two separate photoshoots, the defendant would face two counts of violating NRS 200.710.

2. Nevada penalties for using a minor to produce pornography

Violating NRS 200.710 is a category A felony, carrying:

• life in prison, and
• up to $100,000 in fines

If the child is under 14-years old, the defendant may be eligible for parole after ten (10) years of prison. If the child is 14-years old or older, parole eligibility may begin after five (5) years in prison.⁵

Furthermore, the defendant may need to forfeit to the state any money or assets derived from the proceeds of the pornography. Learn more about asset forfeiture.⁶

Also, defendants would be required to register as a Tier II sex offender in Nevada for 25 years. Their identities would be publicly searchable online.⁷

Finally, note that a conviction carries lifetime supervision under NRS 176.0931. But it may be possible to get off lifetime supervision after 10 years.

Note that the D.A. may be willing to substantially reduce or dismiss the charges after negotiating with defense attorneys.

3. Defenses

The three main defenses to NRS 200.710 charges are:

1. the defendant did not act knowingly,
2. the performance was not pornography, and/or
3. the defendant was falsely accused

3.1. The defendant did not act knowingly

Criminal charges for using a minor to make child pornography apply only when the defendant acted “knowingly.”⁸

Example: Ken is hired in Las Vegas as a casting director for what the producers told him is a sitcom pilot about lower school. It turns out this is just a front for making kiddie porn videos. As long as Ken has no idea what the project is actually for, he should not be convicted of helping to produce child pornography.

If this case went to trial, the D.A. would have the burden to prove beyond a reasonable doubt that Ken acted knowingly. It is often difficult for prosecutors to prove the state of mind because there is no way to know for sure what a person is thinking.

3.2. The performance was not pornography

Sometimes the line separating pornography from constitutionally-protected art is fuzzy. Criminal charges should not stand if the defense attorney can show that the material in question has serious literary, artistic, political, or scientific value.⁹ For evidence, the defense attorney may rely on expert witness testimony or other examples of sexual performances that are protected by the First Amendment.

3.3. The defendant was falsely accused

Perhaps someone levied false allegations against the defendant out of revenge or anger. Sometimes children lie, especially if they do not realize the consequences of their untruthfulness. A defense attorney would work to compile witnesses, alibis, and other evidence to demonstrate that the defendant did nothing illegal.

4. Immigration consequences

Using a child to make pornography is a crime involving moral turpitude and therefore a deportable offense in Nevada.¹⁰ Non-citizens charged with violating NRS 200.710 should retain experienced counsel to try to get the charges dismissed or changed to non-removable offenses.

5. Record seals

People convicted of violating NRS 200.710 may never have their Nevada criminal record sealed.¹¹ But if the charge gets dismissed, then they can pursue a record seal right away.¹² Learn about how to seal Nevada criminal records.

6. Related offenses

6.1. Promoting a child sexual performance

Promoting a sexual performance with a child (NRS 200.720) is punished the same as producing child pornography. It is a category A felony carrying a life sentence and up to $100,000 in fines.

6.2. Advertising or distributing child pornography

Advertising child pornography (NRS 200.725) is a category B felony. The penalty is one to fifteen (1- 15) years in prison and/or up to $15,000 in fines.

6.3. Using the internet to view child pornography

Viewing child pornography on the internet (NRS 200.727) is prosecuted as a category C felony as a first offense. The penalty is one to five (1- 5) years in prison and a fine of up to $10,000 (at the judge’s discretion).

6.4. Possessing child pornography

Possessing child pornography (NRS 200.730) is prosecuted as a category B felony for a first offense. The penalty is one to six (1 – 6) years in prison and up to $5,000 in fines (at the judge’s discretion).

Call a Nevada criminal defense attorney…

Have you been arrested on child pornography charges in Nevada? Our Las Vegas criminal defense attorneys are available to help you right now.

We may be able to persuade the prosecutors to substantially reduce or even dismiss your charges. And if necessary, we are prepared to go to trial and fight for an acquittal.

Legal References