Las Vegas Child Pornography Defense Lawyer

Being accused of possessing child pornography is not a matter that should be taken lightly. The penalties for conviction could include fines, significant prison time, and required registry as a sex offender. Because simply being accused of a crime of this nature could have severe consequences on your life and livelihood, it is crucial to hire an experienced Las Vegas criminal defense lawyer to defend you as soon as you realize you are under suspicion.

The child pornography defense attorneys at Adras & Altig are skilled and aggressive criminal defense attorneys with decades of combined legal experience. We will be ready to discuss your situation, answer your questions, and work quickly to protect your future. Our partners take a team-based approach to cases, so you get the benefit of our collective experience.

If you’ve been charged with possession of child pornography, contact us today by phone or by using our online form.

Nevada Child Pornography Law

Both Nevada and the federal government have laws against the possession of child pornography. These laws include:

• Nevada State Law – In Nevada, the Nevada Revised Statutes (NRS) Section 200.730 covers the possession of visual materials depicting child pornography. Under this law, when someone knowingly and willfully has any film or visual presentation of child pornography involving a minor, they can be charged with a category B felony. If someone is charged with a subsequent offense, prosecutors may bring the case as a category A felony.
• Federal Law – The Federal government also has strict laws relating to child pornography. When it comes to the possession of materials, 18 U.S.C. § 2252 states that anyone who knowingly receives or distributes visual depictions of minors engaging in sexually explicit conduct may be subject to penalties. Federal laws may apply if the materials cross interstate boundaries, such as when materials are sent through the mail or through common carriers like FedEx.

Penalties for Child Pornography Possession in Nevada

Depending on whether someone is charged under Nevada law or federal law, the penalties can vary significantly. Under Nevada law, penalties could include:

• Fines up to $5,000 and imprisonment of 1 to 6 years for the first conviction
• Fines up to $5,000 and imprisonment of 1 year to life with the possibility of parole for subsequent offenses

Under federal child pornography law, penalties could include:

• Fines and prison time. The prison term can go up to 10 years in some cases and up to 20 years when the materials portray a child under the age of 12.
• In cases where an individual is convicted of possession with intent to sell materials, the conviction could carry a minimum of 5 years and up to 20 years in prison.
• In both cases, subsequent convictions can carry increased penalties.

Whether an individual is charged under Nevada or federal law, they may face significant fines and even a lifetime in prison. A strong defense is necessary to combat these serious consequences.

Possible Defenses for Child Pornography Charges in Las Vegas

Depending on the facts of the case, several different defenses may apply. A child pornography defense attorney can listen to you and let you know what defenses may apply. Defenses could include:

• Not a minor – Many child pornography and child sex crimes are part of a sting operation in which an undercover law enforcement officer pretends to be a minor. If the materials actually depict adults above the age of consent and no one depicted in the materials is a minor, this may be a valid defense.
• Lack of knowledge – This defense argues that the individual did not possess the materials knowingly or willfully. In some cases, people may be charged with materials found on their computer or elsewhere in their control. But that doesn’t necessarily mean they knew they knowingly or willfully possessed the materials. For example, someone who owns a computer and shares it with others may have pornographic materials on their computer because someone else put them there, or they could have accidentally downloaded a virus containing these materials.
• Not pornography – The materials may not be pornographic in nature. Some depictions of minors are done for scientific or artistic reasons. As part of this defense, an individual may need to demonstrate the materials were prepared for these purposes.
• Illegal search and seizure – When law enforcement officers think someone may possess child pornography, they may make mistakes in search or seizure that violate the law. If police commit these procedural mistakes in recovering the materials, then the individual they charge may have a defense on these grounds.

Depending on the facts of the case, these or other defenses may apply. If you are facing child pornography charges, speak with a child pornography lawyer about possible defenses. They can answer your questions, provide you with options, and take action to protect your rights.

Can I Seal My Criminal Record After Being Charged with Child Pornography Possession?

If someone is convicted of possessing child pornography, Nevada law doesn’t allow them to seal their criminal record. However, records may be sealed if the case is dismissed, prosecutors decline to prosecute, or the individual is acquitted. In those cases, an individual can petition for the court to seal the records.

If you need to seal records following a dismissal or acquittal, a child pornography lawyer could help. They understand the process of petitioning the court, and they can work to seal the records related to your case.

Contact Our Child Pornography Lawyer in Las Vegas, NV Today

If you’re facing child pornography charges, contact Adras & Altig now. A charge of possessing child pornography can have a significant negative effect on your life. These allegations have the potential to destroy your plans for the future, prevent you from finding work, and leave you with a criminal record that can follow you for the rest of your life.

Don’t leave your future to chance. With aggressive advocacy and diligence in everything we do, our knowledgeable team is here to protect your rights. Get knowledgeable, experienced, and tough defense attorneys on your side as soon as you can. Contact us for a free consultation now.