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Child Pornography

Even before a person has set foot inside a courtroom, merely being accused of a criminal offense involving child pornography can have dramatic consequences on the life of an alleged offender. Prosecutors aggressively seek maximum penalties in these cases from judges and juries they know will take a negative view of the nature of the crime.

In the digital age, it is not uncommon for many innocent people to accidentally download pornographic images featuring children or have other people access such videos or photographs through insecure internet connections. While state penalties are severe in these cases, the cross-state nature of the internet leaves open the possibility of alleged offenders facing federal charges that carry even greater consequences.

Lawyer for Child Pornography Defense in Las Vegas, NV

Have you been arrested or do you believe that you are being investigated for any kind of criminal offense relating to child pornography? It is in your best interest to contact The Law Offices of Jeffrey Jaeger before making any kind of statement to authorities.

As the co-author of Westlaw's Courtroom Handbook of Nevada Evidence and a former co-chair of the American Bar Association's Trial Practice and Courtroom Technology Committee, Las Vegas criminal defense attorney Jeffrey Jaeger knows the most effective ways to investigate and defend these cases. He can provide a complete evaluation of your case when you call (702) 816-3888 to take advantage of a completely free, confidential consultation.


Clark County Child Pornography Information Center


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Child Pornography Penalties in Nevada

The Nevada Revised Statutes criminalizes several acts relating to pornography involving minors. Specific crimes listed in Chapter 200 of the statutes include:

  • Use of a minor in producing pornography or as subject of sexual portrayal in performance, Nevada Revised Statute § 200.710 — Knowingly using, encouraging, enticing, or permitting a minor to simulate or engage in or 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—is a category A felony punishable by life in prison and a fine of up to $100,000. If the victim is 14 years of age or older, eligibility for parole begins when a minimum of five years has been served. If the victim is than 14 years of age, eligibility for parole begins when a minimum of 10 years has been served.
  • Promotion of sexual performance of minor, Nevada Revised Statute § 200.720 — Knowingly promoting a performance of a minor in which the minor engages in or simulates, or assists others to engage in or simulate, sexual conduct, or where the minor is the subject of a sexual portrayal is a category A felony punishable by life in prison and a fine of up to $100,000. If the victim is 14 years of age or older, eligibility for parole begins when a minimum of five years has been served. If the victim is than 14 years of age, eligibility for parole begins when a minimum of 10 years has been served.
  • Preparing, advertising or distributing materials depicting pornography involving minor, Nevada Revised Statute § 200.725 — Knowingly preparing, advertising, or distributing any item or material that depicts a minor engaging in, or simulating, or assisting others to engage in or simulate, sexual conduct is a category B felony punishable by one to 15 years in prison and/or a fine of up to $15,000. 
  • Use of internet to control visual presentation depicting sexual conduct of person under 16 years of age, Nevada Revised Statute § 200.727 — 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—defined in this specific statute as “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”—using the Internet to control such a film, photograph or other visual presentation is a category C felony for the first offense punishable by one to five years in prison and/or a fine of up to $10,000. Any subsequent offense is a category B felony for the first offense punishable by one to six years in prison and/or a fine of up to $5,000.
  • Possession of visual presentation depicting sexual conduct of person under 16 years of age, Nevada Revised Statute § 200.730 — Knowingly and willfully having in 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 is a category B felony for the first offense punishable by one to six years in prison and/or a fine of up to $5,000. Any subsequent offense is a category A felony punishable by life in prison with the possibility of parole and/or a fine of up to $5,000.

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Federal Child Pornography Penalties

Most child pornography is viewed, sent, or otherwise accessed through the internet, often leaving open the possibility that the offenses are violations of the United States Constitution’s Commerce Clause when the material involved crossed state lines. Child pornography is defined under 18 U.S. Code § 2256(8) as any visual depiction of a minor engaging in sexually explicit conduct, and such images are not protected by the First Amendment to the United States Constitution.

Federal child pornography charges not only involve harsh mandatory minimum prison sentences and even steeper fines, but prosecutors in these cases have far greater resources than state agencies to prosecute these cases. Some of the federal charges relating to child pornography include:

  • Sexual Exploitation of Children, 18 U.S. Code § 2251 — Production or attempts or conspiracy to produce child pornography is punishable by a mandatory minimum of 15 years up to 30 years in prison and a fine of up to $250,000 for a first offense. A second offense is punishable by a mandatory minimum of 25 years up to 50 years in prison and a fine of up to $250,000. Third or subsequent offenses are punishable by a mandatory minimum of 35 years up to life in prison and a fine of up to $250,000.
  • Certain Activities Relating to Material Involving the Sexual Exploitation of Minors, 18 U.S. Code § 2252 — Transporting, shipping, receiving, or distributing child pornography is punishable by up to 20 years in prison and a fine of up to $250,000 for a first offense. Second or subsequent offenses are punishable by or a mandatory minimum of 10 years up to 40 years in prison and a fine of up to $250,000.
  • Certain Activities Relating to Material Constituting or Containing Child Pornography, 18 U.S. Code § 2252A — Mailing, transporting, shipping, receiving, distributing, or reproducing child pornography is punishable by up to 20 years in prison and a fine of up to $250,000 for a first offense. Second or subsequent offenses are punishable by a mandatory minimum of 10 years up to 40 years in prison and a fine of up to $250,000.
  • Obscene Visual Representations of the Sexual Abuse of Children, 18 U.S. Code § 1466A — Knowingly producing, distributing, receiving, or possessing with intent to transfer or distribute visual representations, such as drawings, cartoons, or paintings that appear to depict minors engaged in sexually explicit conduct and are deemed obscene is punishable by a mandatory minimum of five years up to 20 years in prison and a fine of up to $250,000 for a first offense. Second or subsequent offenses are punishable by a mandatory minimum of 15 years up to 40 years in prison and a fine of up to $250,000.

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Nevada Resources for Child Pornography Arrests

Clark County Department of Family Services (DFS) — DFS is a local public agency that identifies its mission as “Protecting children from abuse and neglect by partnering with our community to build safe, nurturing and stable families, to support family preservation when possible, to provide permanent families for those children who cannot safely return home and to ensure the well-being of children in our care.” You can learn more about the agency’s divisions, services, and policies and procedures on this website. You can also submit reports of child sexual abuse online.

Clark County Government Center
500 South Grand Central Parkway
Las Vegas, NV 89155
(702) 455-0000

Technological Crime Advisory Board | Nevada Legislature — The Technological Crime Advisory Board has helped develop legislation relating to child pornography. Some of its other duties include facilitating cooperation among state, local and federal officers in the detection, investigation and prosecution of technological crimes, coordination and provision of training and education to prevent and detect technological crimes, and recommending changes to Nevada laws to respond to technological change and law enforcement requirements. You can find the Board’s agendas and minutes on this website as well as cyber security tips on prevention.

Citizen's Guide to U.S. Federal Child Pornography and Exploitation Laws — Learn more about the subject areas of the Child Exploitation and Obscenity Section (CEOS) on this section of the United States Department of Justice (DOJ) website. You can find links to statutes of federal laws relating to child pornography as well as answers to frequently asked questions. You can also report violations through this website.


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Find a Lawyer for Child Pornography Charges in Las Vegas, Nevada

If you think you could be under investigation or were already arrested for any kind of child pornography offense in Nevada, you will want to retain legal counsel as soon as possible. The Law Offices of Jeffrey Jaeger fights to get criminal charges relating to sexual offenses or child abuse reduced or dismissed.

Jeffrey Jaeger is a criminal defense attorney in Las Vegas serving numerous communities in Clark County, including North Las Vegas and Henderson. He can review your case as soon as you call (702) 816-3888 or submit an online contact form to schedule a free initial consultation.


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Nevada Appellate Report

Stay up-to-date on the latest legal news in the Silver State. Las Vegas attorney Jeffrey Jaeger discusses important developments in Nevada Appellate Courts.

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