Pornography of Minors

Federal Crimes:
Pornography Involving Minors

Pornography involving minors is a very serious crime that carries harsh punishments depending on the circumstances involved.



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Frequently Asked Questions

  • What is the legal definition of Pornography Involving Minors?

    “Performance” means any play, film, photograph, computer-generated image, electronic representation, dance or other visual presentation.

    “Promote” means to produce, direct, procure, manufacture, sell, give, lend, publish, distribute, exhibit, advertise or possess for the purpose of distribution.

    “Sexual conduct” means sexual intercourse, lewd exhibition of the genitals, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or the penetration of any part of a person’s body or any object manipulated or inserted by a person into the genital or anal opening of the body of another.

    “Sexual portrayal” means the depiction of a person in a manner which appeals to the prurient interest in sex and which does not have serious literary, artistic, political or scientific value.


    The NRS is quite detailed in this, but it breaks down into the following categories:


    • Unlawful to use minor in producing pornography or as subject of sexual portrayal in performance
    • Promotion of sexual performance of minor
    • Preparing, advertising or distributing materials depicting pornography involving minor
    • Use of Internet to control visual presentation depicting sexual conduct of person under 16 years of age
    • Possession of visual presentation depicting sexual conduct of person under 16 years of age unlawful
    • Use of electronic communication device by minor to possess, transmit or distribute sexual images of minor

  • Isn't child pornography just videos or pictures of nude minors?

    Those are both examples of child pornography, yes. However, child pornography is actually broader than just pictures and videos. Any display of sexual conduct that involves a minor is “child pornography.” In other words, the display may be of just one minor, of more than one minor, or of one or more minors and adults.


    There are many forms that the sexual conduct can take, but must be visual in nature.

    • Pictures;
    • Videos or films;
    • Live performance;
    • Plays; and/or
    • Any other form of visual representation or performance.

    The statute is intentionally vague about what forms the visual representation can take because it allows prosecutors to charge child pornography in any situation that might apply.

  • I keep seeing people in the news that have been arrested for possession of child pornography, but I don’t see anyone arrested for making the pornography in the first place. Why is that?

    That is a difficult question to answer, because the circumstances surrounding every crime and possible arrest are different.


    However, it is important to understand that in Nevada anyone involved in child pornography in any way, is guilty of violating child pornography laws (except, of course, the minor).


    Allowing a child to be used in child pornography is a crime by way of NRS 200.710. This means that there purpose of the pornography is irrelevant. So long as there is a child involved in the production, and you knowingly allowed them to be involved, you can be charged with a violation of NRS 200.710.


    Advertising or promoting of child pornography are crimes by way of NRS 200.720 and NRS 200.725. Anyone who knowingly promotes a performance of a sexual nature that portrays a minor can be prosecuted under NRS 22.720, and anyone who knowingly prepares, advertises, or distributes any material that is considered child pornography can be charged under 200.725.


    Possession of pornographic material containing someone under the age of 16 can be charged with violating NRS 200.730.


    If the person alleged to have produced, encouraged, possessed or advertised the child pornography is a minor themselves, then they will be charged under NRS 200.737. However, NRS 200.737 requires that the minor alleged to have broken the law used the internet or other electronic communication device in the production, encouragement, possession or advertisement of the child pornography.

  • How does the court know if the child is a minor?

    Obviously, in many circumstances, this is obvious. However, there are times when it is not as clear.


    The court has many ways to determine if the subject of pornographic material is a minor. The possible means include:

    • Inspecting the subject to determine if they are a minor;
    • Viewing the pornographic material in question;
    • The opinions of a witness to the actual performance or material in question;
    • Any other method authorized by the rules of evidence.

    Obviously, this is a very important aspect of the crime, so the Court will use everything in its power to determine if the subject of the material in question is a minor or not.

Penalties

What you need to know

Okay, so what are the penalties?


The penalties are dependent on which statute has been violated, the age of the minor involved, and, in some cases, whether the alleged violator is a repeat offender.

Knowingly promoting, using, enticing, encouraging, or permitting a minor under the age of 14 (NRS 200.710 and 200.720) to engage in a performance that would be considered pornographic is a category A felony, carrying with it:

  • Life in prison with the possibility of parole after 10 years has been served; and
  • Possible fines up to $100,000.

Knowingly using, enticing, encouraging, or permitting a minor, 14 years of age or older, (NRS 200.710 and 200.720) to engage in a performance that would be considered pornographic is a category A felony, carrying with it:

  • Life in prison with the possibility of parole after 5 years has been served; and
  • Possible fines up to $100,000.

Preparing, advertising, or distributing pornographic material that involves a minor is a category B felony, and carries with it:

  • Between 1 and 15 years in a Nevada State Prison; and/or
  • Possible fines up to $15,000.

Using the Internet to view or control pornographic material involving a minor under 16 years of age is a violation of NRS 200.727.


First offense is a category C felony and carries:

  • Between 1 and 5 years in a Nevada State Prison; and
  • Possible fines up to $10,000.

Any subsequent offense is a category B felony and carries:

  • Between 1 and 6 years in a Nevada State Prison; and
  • Possible fines up to $5,000.

Possession of any form of child pornography, where the minor is under the age of 16 is a violation of NRS 200.730.


First offense is a category B felony and carries:

  • Between 1 and 6 years in a Nevada State Prison; and
  • Possible fines up to $5,000.

Any subsequent offense is a category A felony and carries:

  • Imprisonment for at least 1 year, and up to Life with the possibility of parole; and
  • Possible fines up to $5,000.

Use of electronic communication devices by a minor to possess, transmit, or distribute child pornography is a violation of NRS 200.737.


If the minor transmits or distributes pornographic imagery of themselves, then the crime will be charged:


For the first offense: The minor will be deemed a child in need of supervision, and is not a delinquent child, which is similar to probation, and requires that the minor adhere to certain requirements, such as:

  • Paying a small fine; and/or
  • Community Service; and/or
  • Taking informational classes, usually related to bullying and violence; and/or
  • Suspension of the driver’s license.
  • And, the minor will not be considered a sex offender, nor will they be required to register as a juvenile sex offender.

For any subsequent offense: The minor will be deemed a delinquent and prosecuted as for a misdemeanor, carrying:

  • Paying a small fine; and/or
  • Community Service; and/or
  • Taking informational classes, usually related to bullying and violence; and/or
  • Suspension of the driver’s license.
  • Up to 6 months in juvenile detention; and/or
  • Fines up to $1,000.
  • The minor will not be considered a sex offender, nor will they be required to register as a juvenile sex offender.

If the minor transmits or distributes pornographic imagery of another minor who is no more than 4 years younger than, the same age as, or older than them, then the violation will be deemed a delinquent and charged as if the minor were an adult who committed a misdemeanor, carrying:

  • Paying a small fine; and/or
  • Community Service; and/or
  • Taking informational classes, usually related to bullying and violence; and/or
  • Suspension of the driver’s license.
  • Up to 6 months in juvenile detention; and/or
  • Possible fines up to $1,000.
  • The minor will not be considered a sex offender, nor will they be required to register as a juvenile sex offender.

If the minor possesses pornographic imagery of another minor who is no more than 4 years younger than, the same age as, or older than them, the violation will be charged such that the minor will be deemed a child in need of supervision, and is not a delinquent child, which is similar to probation, and requires that the minor adhere to certain requirements, such as:

  • Paying a small fine; and/or
  • Community Service; and/or
  • Taking informational classes, usually related to bullying and violence; and/or
  • Suspension of the driver’s license
  • The minor will not be considered a sex offender, nor will they be required to register as a juvenile sex offender.

Please Note: Any assets that relate in any way to violations of any of the child pornography crimes are subject to forfeiture. In other words, if the prosecutor can show that you have assets that are related to the possession, production, advertisement, or encouragement of child pornography, they can bring a forfeiture proceeding and seize the assets. The relation does not have to be a strong relation, either. Computers, video cameras, phones, cameras, and money are examples of assets that are commonly related to the possession, production, advertisement, or encouragement of child pornography. However, anything that the prosecutor can show has a relation can be forfeited.



Please Also Note: Child Pornography is considered a crime of moral turpitude. As such, a conviction for any of the above-listed crimes can affect immigration status.

Defense

We at LippLaw are dedicated to giving you the best defense for your case.

Are there any defenses?


Yes, of course there are. Some of the possible defenses include:

No Intent

As you may have noticed in the statutes above, the child pornography laws require that the alleged violator “knowingly or willfully” participated in the criminal conduct. This doesn’t mean that you knew you were promoting, advertising, possessing, or transmitting pornography, it means that you had to know, or that you should have known, that it was child pornography. Pornography is not illegal by its nature. So, as long as you had a reasonable belief that none of the people involved were minors, then the charges against you should be dropped or dismissed.

Legal Exemption

There are certain people who are legally allowed to “possess” or view content that would otherwise be a violation of child pornography laws. Law enforcement officers are allowed to view such material, so long as they are doing so for the purposes of investigation or prosecution. This includes prosecuting attorneys and other officers of the court engaged in investigation or prosecution. Also, school officials, such as principals, vice principals, counselors or school police officers, are allowed to possess and/or view such content for the same purposes.

Action to Correct

A minor who unknowingly obtained an image that violates child pornography laws can avoid being charged with a crime if they promptly destroy the image or notify an official. Obviously, if they had no intent to obtain the image, they already have a defense. However, if the minor then promptly destroys the image or notifies either a school official or law enforcement agency, then even their limited possession of the image was not a violation of any of the above-mentioned laws. Particularly if the minor did not destroy the image for the purpose of being able to turn it over to a school official or law enforcement agency.

No Pornography

Crimes that involve pornography can often be difficult to define. This is largely due to the difficulty in defining the line between sexual pornography and something that has serious literary, artistic, political or scientific value. Showing that the imagery or conduct contained such serious values would show that it was not pornography, and the charges should be dropped or dismissed.

No minor

Although it should go without saying, if you can show that there were no minors involved in imagery or conduct at issue, then there was no child pornography and the charges against you should be dropped or dismissed.

What should I do if I’ve been charged with Pornography Involving Minors?


As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case. Contact Lipp Law today.

THE ABOVE INFORMATION IS PROVIDED FOR GENERAL REFERENCE PURPOSES AND SHOULD NOT BE CONSIDERED AS A GUIDE TO YOUR SPECIFIC CIRCUMSTANCES.

Related Laws

Laws as defined by the NRS and explanations

Pornography Involving Minors Laws

  • NRS 200.700 - Definitions

    As used in NRS 200.700 to 200.760, inclusive, unless the context otherwise requires:

          1.  “Performance” means any play, film, photograph, computer-generated image, electronic representation, dance or other visual presentation.

          2.  “Promote” means to produce, direct, procure, manufacture, sell, give, lend, publish, distribute, exhibit, advertise or possess for the purpose of distribution.

          3.  “Sexual conduct” means sexual intercourse, lewd exhibition of the genitals, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or the penetration of any part of a person’s body or of any object manipulated or inserted by a person into the genital or anal opening of the body of another.

          4.  “Sexual portrayal” means the depiction of a person in a manner which appeals to the prurient interest in sex and which does not have serious literary, artistic, political or scientific value.

  • NRS 200.710 - Unlawful to use minor in producing pornography or as subject of sexual portrayal in performance

          1.  A person who knowingly uses, encourages, entices or permits a minor to simulate or engage in or assist others to simulate or engage in sexual conduct to produce a performance is guilty of a category A felony and shall be punished as provided in NRS 200.750.

          2.  A person who knowingly uses, encourages, entices, coerces or permits a minor to be the subject of a sexual portrayal in a performance is guilty of a category A felony and shall be punished as provided in NRS 200.750, regardless of whether the minor is aware that the sexual portrayal is part of a performance.

  • NRS 200.720 - Promotion of sexual performance of minor unlawful

    A person who knowingly promotes a performance of a minor:

          1.  Where the minor engages in or simulates, or assists others to engage in or simulate, sexual conduct; or

          2.  Where the minor is the subject of a sexual portrayal,

     ->    is guilty of a category A felony and shall be punished as provided in NRS 200.750.

  • NRS 200.725 - Preparing, advertising or distributing materials depicting pornography involving minor unlawful

    A person who knowingly prepares, advertises or distributes any item or material that depicts a minor engaging in, or simulating, or assisting others to engage in or simulate, sexual conduct is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years, or by a fine of not more than $15,000, or by both fine and imprisonment.

  • NRS 200.727 - Use of Internet to control visual presentation depicting sexual conduct of person under 16 years of age

          1.  Any person who, knowingly, willfully and with the specific intent to view any film, photograph or other visual presentation depicting a person under the age of 16 years engaging in or simulating sexual conduct, uses the Internet to control such a film, photograph or other visual presentation is guilty of:

                (a) For the first offense, a category C felony and shall be punished as provided in NRS 193.130.

                (b) For any subsequent offense, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

          2.  As used in this section, “sexual conduct” means sexual intercourse, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or the penetration of any object manipulated or inserted by a person into the genital or anal opening of the body of another.

  • NRS 200.730 - Possession of visual presentation depicting sexual conduct of person under 16 years of age unlawful

    A person who knowingly and willfully has in his or her possession for any purpose any film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct:

          1.  For the first offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

          2.  For any subsequent offense, is guilty of a category A felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of life with the possibility of parole, and may be further punished by a fine of not more than $5,000.

  • NRS 200.735 - Exemption for purposes of law enforcement

    The provisions of NRS 200.710 to 200.730, inclusive, do not apply to law enforcement personnel during the investigation or prosecution of a violation of the provisions of NRS 200.710 to 200.730, inclusive.

  • NRS 200.737  Use of electronic communication device by minor to possess, transmit or distribute sexual images of minor

          1.  A minor shall not knowingly and willfully use an electronic communication device to transmit or distribute a sexual image of himself or herself to another person.

          2.  A minor shall not knowingly and willfully use an electronic communication device to transmit or distribute a sexual image of another minor who is older than, the same age as or not more than 4 years younger than the minor transmitting the sexual image.

          3.  A minor shall not knowingly and willfully possess a sexual image that was transmitted or distributed as described in subsection 1 or 2 if the minor who is the subject of the sexual image is older than, the same age as or not more than 4 years younger than the minor who possesses the sexual image. It is an affirmative defense to a violation charged pursuant to this subsection if the minor who possesses a sexual image:

                (a) Did not knowingly purchase, procure, solicit or request the sexual image or take any other action to cause the sexual image to come into his or her possession; and

                (b) Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency or a school official, to access any sexual image:

                      (1) Took reasonable steps to destroy each image; or

                      (2) Reported the matter to a law enforcement agency or a school official and gave the law enforcement agency or school official access to each image.

          4.  A minor who violates subsection 1:

                (a) For the first violation:

                      (1) Is a child in need of supervision, as that term is used in title 5 of NRS, and is not a delinquent child; and

                      (2) Is not considered a sex offender or juvenile sex offender and is not subject to registration or community notification as a juvenile sex offender pursuant to title 5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.

                (b) For the second or a subsequent violation:

                      (1) Commits a delinquent act, and the court may order the detention of the minor in the same manner as if the minor had committed an act that would have been a misdemeanor if committed by an adult; and

                      (2) Is not considered a sex offender or juvenile sex offender and is not subject to registration or community notification as a juvenile sex offender pursuant to title 5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.

          5.  A minor who violates subsection 2:

                (a) Commits a delinquent act, and the court may order the detention of the minor in the same manner as if the minor had committed an act that would have been a misdemeanor if committed by an adult; and

                (b) Is not considered a sex offender or juvenile sex offender and is not subject to registration or community notification as a juvenile sex offender pursuant to title 5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.

          6.  A minor who violates subsection 3:

                (a) Is a child in need of supervision, as that term is used in title 5 of NRS, and is not a delinquent child; and

                (b) Is not considered a sex offender or juvenile sex offender and is not subject to registration or community notification as a juvenile sex offender pursuant to title 5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.

          7.  As used in this section:

                (a) “Electronic communication device” means any electronic device that is capable of transmitting or distributing a sexual image, including, without limitation, a cellular phone, personal digital assistant, computer, computer network and computer system.

                (b) “Minor” means a person who is under 18 years of age.

                (c) “School official” means a principal, vice principal, school counselor or school police officer.

                (d) “Sexual conduct” has the meaning ascribed to it in NRS 200.700.

                (e) “Sexual image” means any visual depiction, including, without limitation, any photograph or video, of a minor simulating or engaging in sexual conduct or of a minor as the subject of a sexual portrayal.

                (f) “Sexual portrayal” has the meaning ascribed to it in NRS 200.700.

  • NRS 200.740 - Determination by court or jury of whether person was minor

    For the purposes of NRS 200.710 to 200.737, inclusive, to determine whether a person was a minor, the court or jury may:

          1.  Inspect the person in question;

          2.  View the performance;

          3.  Consider the opinion of a witness to the performance regarding the person’s age;

          4.  Consider the opinion of a medical expert who viewed the performance; or

          5.  Use any other method authorized by the rules of evidence at common law.

  • NRS 200.750 - Penalties

    A person punishable pursuant to NRS 200.710 or 200.720 shall be punished for a category A felony by imprisonment in the state prison:

          1.  If the minor is 14 years of age or older, for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served, and shall be further punished by a fine of not more than $100,000.

          2.  If the minor is less than 14 years of age, for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and shall be further punished by a fine of not more than $100,000.

  • NRS 200.760 - Forfeiture

    All assets derived from or relating to any violation of NRS 200.366, 200.710 to 200.730, inclusive, or 201.230 are subject to forfeiture. A proceeding for their forfeiture may be brought pursuant to NRS 179.1156 to 179.1205, inclusive.

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