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Children are provided with strong protections under Nevada and federal law. Sexual behaviors of any type with children are strictly prohibited, and even sharing obscene material with a minor could result in serious criminal charges.
If you are accused of any offense involving child pornography, you can expect to face harsh consequences. You could face felony charges under Nevada law or could be charged with a crime by the federal government that carries penalties that could include decades of imprisonment. You could be branded as a sex offender, forced to register, and have your entire life derailed by conviction. Even the simple accusation of child pornography could destroy your relationships and career and could ruin your reputation.
You must be proactive in fighting accusations related to child pornography or other sex crimes and LV Criminal Defense is here and ready to help. Our firm will fight for you to avoid conviction, get charges dropped, or reduce the penalties you could face through an effective plea agreement. You have options to protect your reputation and freedom and you have legal rights, including the right to be treated as innocent until proven guilty.
Let our Nevada child pornography defense lawyers help you as you respond to some of the most serious criminal charges you could face.
Nevada laws on child pornography are found in Chapter 200 of Title 15, as child pornography crimes are considered to be crimes against the person. There is a subcategory of Chapter 200 that outlines different kinds of child pornography crimes and prohibits many types of unlawful behavior.
For example, Nevada Revised Statute section 200.710 prohibits the use of minor in producing pornography and prohibits minors from being used as a subject of sexual portrayal in any type of performance.
According to the relevant law, you could be convicted of a category A felony if you use a minor to simulate or engage in sexual conduct to produce a performance or if you use a minor in a sexual portrayal as part of a performance. You could also be found guilty of this felony offense if you entice, permit, coerce or encourage a minor to simulate or engage in sexual conduct or a sexual portrayal in order to produce a performance. You can be found guilty of this offense regardless of whether the minor is aware that the sexual portrayal or sexual conduct is part of a performance.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
There is a definition statute within Nevada’s law that specifically explains what sexual conduct and sexual portrayal mean for purposes of this statute and for purposes of other statutes in the child pornography category of offenses. Sexual conduct involves sexual intercourse, fellatio, lewd exhibition of the genitals, cunnilingus, intercourse, sadomasochistic abuse, masturbation or any type of penetration into the genital or anal opening of the body. A sexual portrayal involves depicting a person in a manner that appeals to the prurient interest and that lacks any serious literary, artistic, political or scientific value.
In addition to facing felony charges for enticing or encouraging a minor to engage in sexual conduct or a sexual portrayal for a performance, Nevada laws also prohibit promoting the sexual performance of a minor; preparing materials depicting child pornography; advertising or distributing child pornography; using the Internet to control a visual presentation depicting sexual conduct or a sexual portrayal involving a minor; or possession of a visual presentation that depicts sexual conduct or a sexual portrayal of a minor.
Essentially, if you make child pornography, have child pornography in your possession, distribute child pornography, or request child pornography, you could be charged with a crime, potentially be convicted of a serious felony offense, and potentially be jailed for a long time.
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In addition to Nevada laws on child pornography, there are also a series of federal laws that prohibit any type of involvement with pornographic materials related to children. This includes 18 U.S. Code section 2251, which prohibits the sexual exploitation of children including the production of child pornography; as well as 18 U.S. Code section 2252 which prohibits the possession, distribution, and receipt of child pornography.
The Department of Justice explains that child pornography does not only involve depictions of children engaged in sexual activity. Pictures of naked children that are classified as sexually suggestive can also result in child pornography charges.
The DOJ also explains that children under the age of 18 are not able to consent to be featured in child pornography, regardless of the age of consent in the state where the child lives. If there is any depiction of a minor who is under the age of 18 engaging in sexually explicit contact, this can constitute child pornography and can result in federal charges.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
You do not get to chose whether you face state or federal charges, and not every defense attorney is familiar with handling federal child pornography cases.
LV Criminal Defense has the necessary experience to help you to respond if you have been charged by the U.S. government with a pornography-related offense.
Stop It Now – Fighting, reporting, and prosecuting child abuse and child pornography crimes.
Department of Justice – Child Exploitation and Obscenity Section (CEOS).
FBI – Child Pornography Victims Assistance (CPVA)
A Nevada child pornography defense attorney can provide aggressive representation if you have been charged with state or federal crimes related to child pornography. There are many different defenses you can raise, including arguing that pornographic images were placed onto your computer without your knowledge or consent through malware or viruses.
You can also challenge the validity of the search and if your constitutional rights were not respected and the proper protocols were not followed, it is possible that the court will prevent the evidence from being used against you.
Nicholas Wooldridge will help you to evaluate the evidence, determine how best to respond to accusations, and fight on your behalf to help you avoid or limit penalties for child pornography charges. To find out more about how our firm can help you, give us a call today.
Child Porn and Sex Crimes
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