Under NRS § 200.730, Nevada law makes it a crime knowingly to possess “for any purpose any film, photograph or other visual presentation depicting a person under the age of 16 years” engaging in sexual conduct. A first-time conviction of possession of child pornography is treated as a category B felony.

A conviction is punishable by:

• 1 – 6 years in Nevada State Prison, and
• up to $5,000 in fines (at the judge’s discretion), and
• 25 years as a Tier II sex offender

However, NRS 200.730 charges can possibly be reduced or dismissed through a plea bargain. Depending on the case, the following defense strategies may be effective in fighting possession allegations:

1. you did not act knowingly and willfully,
2. the material was not pornographic, and
3. no child under 16 was depicted

In this article, our Las Vegas criminal defense attorneys will address the following questions as to Nevada child pornography laws:

• 1. What is the legal definition of child pornography possession in Nevada?
• 2. Are animated images like loli anime allowed?
• 3. What are the penalties under NRS 200.730?
• 4. What are effective defenses to the charges?
• 5. Are there immigration consequences?
• 6. Can my criminal record get sealed?
• 7. Related offenses
• Additional reading

1. What is the legal definition of child pornography possession in Nevada?

NRS 200.730 makes it a Nevada crime when a person “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.”¹

Specifically, NRS 200.730 outlaws possessing child pornography depicting any of the following sexual conduct:

• sexual intercourse,
• lewd exhibition 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

Note that simultaneously possessing more than one image of child pornography at one time and place is prosecuted a just one count of violating NRS 200.730:²

Example: Acting on a tip, police raid Lester’s Henderson home and finds five photographs depicting a child under 16-years old having sex. Since Lester was allegedly possessing all five images at one time and place, he faces only one count of possessing child pornography.

Had police in the above example also found child porn at Lester’s office, then he would face two possession charges because the office was a separate place from his home.

2. Are animated images like loli anime allowed?

Nevada courts have not ruled whether animated child porn or loli falls under the state’s definition of child pornography. Considering that the purpose of NRS 200.730 is to protect children, it is arguable that animated images are legal since they do not involve real children – just illustrations.

However, it is a violation of federal law to possess virtual child pornography that qualifies as “obscene” and that

• has been received through a common carrier or the computer,
• has been transported through interstate commerce, or
• is of an amount that indicates an intent to sell or distribute.

The law says,

“It is not a required element of any offense under this section that the minor depicted actually exist.”

So even if possession of a particular animated image may be legal in Nevada, you may still face federal prosecution – which carries up to 20 years in prison.³

3. What are the penalties under NRS 200.730?

A first-time conviction of violating NRS 200.730 is a category B felony. The punishment is:

• one to six (1 – 6) years in prison, and/or
• up to $5,000 in fines

A second-time or successive conviction of child pornography possession is a category A felony. The punishment is:

• life in prison with the possibility of parole, and
• up to $5,000 in fines⁴

Note that a 2nd-time conviction also carries lifetime supervision under NRS 176.0931. Though it may be possible to get off lifetime supervision after 10 years.

Regardless of whether it is a first or successive conviction, the judge will order you to register for 25 years as a Tier II offender on the Nevada Sex Offender Registry. The general public can search for the identities and addresses of Tier II offenders online.⁵

Note that a charge for possessing child pornography does not always result in a conviction. Your defense attorney would employ aggressive investigation, negotiation, and litigation in attempt to get your charges reduced or dismissed.

4. What are effective defenses to the charges?

When defending against NRS 200.730 charges, your defense attorney may argue either:

• you did not act knowingly and willfully,
• the material was not pornographic, and/or
• there was no child under 16 years old depicted

No matter the defense, the D.A. always bears the burden to prove guilt beyond a reasonable doubt should the case go to trial.

You did not act knowingly and willfully

Possessing child pornography is criminal only if you are aware the materials are there:⁶

Example: Joey shares a Las Vegas apartment with Frank. Joey has no idea that Frank keeps kiddie porn videos in their closet. Even though Joe has access to the closet, Joey is committing no crime because he does not “knowingly and willfully” possess the child pornography.

Had Joey in the above example found the videos in the closet and chosen to ignore it, Joey could then be prosecuted for “knowingly and willfully” allowing the materials to remain in his possession. It does not matter if Joey never looked at the videos or disapproved of them.

The material was not pornographic

What qualifies as pornography is often subjective. If your defense attorney can show that the images in question have “serious literary, artistic, political, or scientific value,” then the charges should be dropped.⁷

There was no child under 16 years old

Possessing sexual images or films is not illegal under NRS 200.730 if all the participants are at least 16-years old,⁸ which is the age of consent in Nevada. If the prosecutors cannot prove that any of the people in the pornographic materials are 15-years old or younger, then the possession charges should be dropped.

5. Are there immigration consequences?

Possessing child pornography is a crime involving moral turpitude. Consequently, if you are a non-U.S. citizen convicted of it, you risk being deported once you complete your criminal sentences.⁹

Aliens who are facing Nevada charges of violating NRS 200.730 are strongly urged to retain experienced counsel to try to have the charges changed to non-deportable offenses.

6. Can my criminal record get sealed?

Convictions for violating NRS 200.730 may not be sealed from your criminal record.¹⁰ However, your arrest record may be sealed right away if your charge gets dismissed.¹¹

Learn more about how to seal Nevada criminal records.

7. Related offenses

Use of a minor in production of pornography

Violating NRS 200.710 – using a minor to produce pornography is punished as a category A felony in Nevada. The court may impose

• a life sentence and
• fines of up to $100,000.¹²

Promotion of a child sexual performance

Violating NRS 200.720 – promoting a sexual performance of a child is punished as a category A felony. The court may impose

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

Advertisement or distribution of child pornography

Violating NRS 200.725 – child pornography advertising is punished as a category B felony. The court may impose

• one to fifteen (1- 15) years in prison and/or
• up to $15,000 in fines.

Using the internet to view child pornography

Violating NRS 200.730 – child pornography possession is punished as a category C felony in Nevada for a first-time offense. The court may impose

• one to five (1- 5) years in prison and
• possible fines of up to $10,000.

Additional reading

For more in-depth information, refer to these scholarly 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.

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Legal References