Child Pornography Possession – NRS 200.730

Understanding Child Pornography Possession

At Hofland & Tomsheck, we recognize the severity of allegations surrounding child pornography possession under Nevada Revised Statute (NRS) 200.730. This statute criminalizes the possession of any visual depiction of a minor engaged in sexually explicit conduct, including photographs, videos, and digital images. The possession of such materials not only carries severe legal penalties but also profound social consequences.

Elements of the Offense

To secure a conviction for possession of child pornography, the prosecution must establish several key elements beyond a reasonable doubt:

1. Possession: The accused must have knowingly possessed images or videos depicting minors engaged in sexually explicit conduct. This includes any form of physical or digital possession, such as files on a computer or smartphone.
2. Knowledge: The defendant must have been aware of the nature of the material in their possession, understanding that it depicted sexually explicit conduct involving minors.
3. Intent: While mere possession is sufficient for a conviction, evidence of intent to view, share, or distribute the material may further substantiate the charge.

Related Offenses

Charges of child pornography possession often relate to several other serious criminal offenses, including:

• Distribution of Child Pornography – NRS 200.710: Involves sharing or distributing explicit material involving minors.
• Sexual Exploitation of Children – NRS 201.230: Refers to engaging in or facilitating the exploitation of children for sexual purposes.
• Child Trafficking – NRS 200.4685: Involves the illegal exploitation and transportation of minors.

Real-Life Examples

Understanding how NRS 200.730 applies can be clarified through specific examples:

• Example 1: A person downloads explicit images of minors from an online source. If discovered, this individual can be charged with possession of child pornography, as they knowingly possessed illegal material.
• Example 2: An individual receives a digital file containing explicit images of minors via email. If they are aware of the content and retain the file, they could face serious charges under NRS 200.730.

Potential Defenses

If you are facing charges for possession of child pornography, several defenses may apply:

1. Lack of Knowledge: If you can prove that you were unaware of the nature of the material, this may serve as a valid defense. Accidental downloads or misidentified content can play a role in this argument.
2. Legal Possession: Demonstrating that the material was legally obtained or intended for lawful purposes, such as law enforcement or educational use, can provide a defense.
3. Mistaken Identity: Proving that you were not the individual responsible for downloading or possessing the material can be an effective strategy, especially if another person had access to your device.
4. Insufficient Evidence: The prosecution must provide clear evidence of possession. If the evidence is circumstantial or lacking, it may lead to a dismissal of charges.

Potential Penalties

Under NRS 200.730, possession of child pornography is classified as a Category C felony, which can carry severe penalties, including:

• Imprisonment: A conviction may result in 1 to 5 years in the Nevada Department of Corrections.
• Fines: The defendant may face fines up to $10,000.
• Sex Offender Registration: Upon conviction, the individual may be required to register as a sex offender, leading to further restrictions on employment, housing, and personal relationships.

Why Choose Hofland & Tomsheck?

If you are charged with possession of child pornography, having an experienced attorney is essential. Joshua Tomsheck, a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada, offers extensive experience in defending individuals against serious criminal charges.

Mr. Tomsheck is a Life Member of the National Association of Criminal Defense Lawyers and has been recognized as a Mountain State’s Super Lawyer. He has successfully handled numerous cases involving sensitive issues like child pornography, achieving favorable outcomes for his clients.

Conclusion

Facing charges of child pornography possession is a serious matter that requires a robust defense. If you or someone you know is accused of such an offense, it is crucial to understand your rights and options.

For more information about defending against charges of child pornography possession in Las Vegas, contact Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.