Nevada has adopted a progressive approach to teen sexting that aims to rehabilitate rather than criminalize minors for first-time mistakes. Under NRS 200.737, minors who share explicit images of themselves or their peers are generally treated as “children in need of supervision” rather than sex offenders. However, adults who engage in similar conduct face severe felony charges under the state’s child pornography laws. The state also maintains strict laws against revenge porn and online solicitation.
Key Points
- Specific Teen Sexting Law: Yes (NRS 200.737)
- Age of Majority: 18 years old
- First Offense (Minor): “Child in Need of Supervision” (Civil citation)
- Sex Offender Registration: Not required for minors under NRS 200.737
- Revenge Porn Law: Yes (NRS 200.604)
- Adult Possession: Felony (NRS 200.730)
Penalties at a Glance
- Teen First Offense: Community service, education, fine
- Teen Second Offense: Up to 6 months detention
- Revenge Porn (1st): Gross Misdemeanor
- Child Pornography (Adult): Category A or B Felony (Prison time)
Table of Contents
- Nevada Teen Sexting Law (NRS 200.737)
- Penalties for Teen Sexting
- Defenses for Minors
- Child Pornography Laws (Adults)
- Revenge Porn Laws (NRS 200.604)
- Online Solicitation of a Minor
- When It Becomes a Federal Crime
- Frequently Asked Questions
- What to Do If Charged
- Resources
Nevada Teen Sexting Law (NRS 200.737)
Nevada law explicitly distinguishes between curious teenagers and serious sex offenders. The state enacted NRS 200.737 to handle cases where minors possess or distribute sexually explicit images of themselves or other minors.
Prohibited Conduct for Minors
Under this statute, it is a violation for a minor (under 18) to knowingly and willfully:
- Use an electronic device to transmit or distribute a sexual image of themselves to another person.
- Use an electronic 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 sender.
- Possess a sexual image of another minor who fits the age criteria above (older, same age, or within 4 years).
The “Romeo and Juliet” Age Provision
Nevada incorporates a built-in “Romeo and Juliet” style provision directly into the text of NRS 200.737. The law specifically applies when the age difference between the minors is four years or less. If a minor possesses or sends an image of a child who is more than four years younger than them, they may not be protected by this lenient statute and could face more serious child pornography charges.
What Constitutes a “Sexual Image”?
The law defines a “sexual image” as any visual depiction (photograph, video, or digital image) of a minor:
- Simulating or engaging in sexual conduct.
- Being the subject of a sexual portrayal.
- Exposing private parts (genitals, buttocks, or female breast) for sexual gratification.
Penalties for Teen Sexting
Nevada uses a tiered system for penalties, prioritizing rehabilitation over punishment for first-time offenders.
First Offense: Child in Need of Supervision (CHINS)
For a first offense of sending an image of oneself, or for any offense of simple possession of another minor’s image (within the age limit), the minor is deemed a Child in Need of Supervision (CHINS). This is a civil status, not a criminal conviction.
Consequences may include:
- Confiscation of the electronic device (phone/computer).
- Mandatory educational courses on the dangers of sexting.
- Community service.
- Fines or restitution.
- Counseling.
Crucially, a minor adjudicated as a CHINS does not have a criminal record for this offense and is not required to register as a sex offender.
Second Offense: Delinquent Act
More serious penalties apply if a minor:
- Commits a second or subsequent offense of sending an image of themselves.
- Commits any offense of sending/distributing an image of another minor (even the first time).
In these cases, the minor commits a delinquent act. This is the juvenile court equivalent of a misdemeanor crime. The court may order:
- Detention in a juvenile facility for up to 6 months.
- Probation and supervision.
- Fines and community service.
Even for these delinquent acts under NRS 200.737, the minor is generally exempt from sex offender registration requirements, provided the age gap requirements are met.
Defenses for Minors
If a minor is accused of sexting, several defenses may apply depending on the circumstances:
1. Lack of Knowledge or Intent
The statute requires the minor to act “knowingly and willfully.” If a teen received an image unsolicited and did not intend to possess or keep it (e.g., they didn’t open it or tried to delete it), this may be a defense.
2. Age Discrepancy
If the person depicted in the image is actually an adult (18+), NRS 200.737 does not apply. However, other laws regarding non-consensual distribution (revenge porn) might still apply.
3. Unsolicited Receipt
If a minor receives an unsolicited image and promptly deletes it or reports it to an adult/authority figure without sharing it further, they typically have not violated the “willful” possession element of the law.
Child Pornography Laws (Adults)
While minors get leniency under NRS 200.737, adults (18+) or minors who prey on much younger children face Nevada’s severe child pornography statutes.
Production of Child Pornography (NRS 200.710)
Using a minor to produce pornography is a Category A Felony. This is one of the most serious crimes in Nevada, punishable by:
- Life in prison with the possibility of parole after 10 years (minimum).
- Lifetime sex offender registration (Tier III).
Possession of Child Pornography (NRS 200.730)
Mere possession of images depicting a person under 16 engaged in sexual conduct is a felony. For adults:
- First Offense: Typically a Category B or C felony, punishable by 1 to 5 years in prison and fines up to $10,000.
- Subsequent Offenses: Can escalate to Category A felony status with life imprisonment possibilities.
Promotion/Distribution (NRS 200.720)
Promoting or distributing child pornography is a Category A Felony, carrying similar penalties to production.
Revenge Porn Laws (NRS 200.604)
Nevada strictly prohibits “revenge porn,” legally defined as the non-consensual capture or distribution of intimate images.
Under NRS 200.604, it is illegal to:
- Capture an image of the private area of another person without their consent (voyeurism).
- Distribute, disclose, or transmit an image of another person’s private area without their consent, under circumstances where the person had a reasonable expectation of privacy.
Penalties for Revenge Porn
- First Offense: Gross Misdemeanor. Punishable by up to 364 days in jail and fines up to $2,000.
- Second/Subsequent Offense: Category E Felony. Punishable by 1 to 4 years in prison and fines up to $5,000.
This law applies regardless of whether the victim originally consented to the photo being taken. The crime lies in the distribution without consent.
Online Solicitation of a Minor
Adults who attempt to use the internet to meet minors for sexual purposes face charges under NRS 201.560.
It is unlawful to knowingly contact or communicate with a minor (or a peace officer posing as a minor) via the internet with the intent to:
- Persuade the minor to engage in sexual conduct.
- Plan a meeting with the minor for sexual activity.
Penalty: This is a Category B Felony, punishable by 1 to 10 years in prison and fines up to $10,000.
When It Becomes a Federal Crime
While most local sexting cases are handled under Nevada state law, federal charges can apply if the conduct crosses state lines (e.g., sending images to someone in another state). Federal child pornography laws carry severe mandatory minimum sentences (often 5 to 15 years depending on the specific charge).
However, federal prosecutors typically focus on large-scale distributors or adult offenders rather than teen-to-teen sexting cases.
Frequently Asked Questions
Is sexting between consenting adults legal in Nevada?
Yes. Sending explicit images between consenting adults (18+) is legal in Nevada. However, if one party shares those images with others without the sender’s consent, it becomes a crime (revenge porn) under NRS 200.604.
Will my child have to register as a sex offender for sexting?
Generally, no. NRS 200.737 specifically exempts minors from sex offender registration for standard sexting offenses involving peers. Registration is typically reserved for more serious sex crimes or adult offenders.
What if the other teen asked for the photo?
Consent is not a defense to the charge of possessing or distributing child pornography or teen sexting material. Even if the recipient asked for the photo, the act of sending an image of a minor (even oneself) violates the statute.
Can schools punish students for sexting?
Yes. If the sexting occurs on school property, during school hours, or creates a substantial disruption to the school environment, schools can impose administrative penalties (suspension, expulsion) independent of any criminal charges.
What should I do if I find sexts on my child’s phone?
Do not forward the images to anyone, even to “save evidence” or show other parents. Doing so constitutes distribution of child pornography. Confiscate the phone and consult a lawyer immediately. If you must report it to police, hand over the device directly without sending the files.
Does the 4-year age gap rule apply to adults?
No. The 4-year age gap provision in NRS 200.737 applies only when both parties are minors. An 18-year-old sending explicit images to a 17-year-old does not get the benefit of this teen sexting law.
What to Do If Charged
If you or your child faces sexting or related charges in Nevada:
1. Do Not Speak to Police
Politely decline to answer questions until you have an attorney. “I want to remain silent and I want a lawyer” are the only words you need to say.
2. Do Not Delete Evidence
While it is illegal to possess the images, deleting them after an investigation has started can lead to charges of “destruction of evidence.” Turn off the device and hand it to your attorney or police (if served with a warrant) without altering it.
3. Consult a Juvenile Defense Attorney
Nevada’s juvenile laws are distinct from adult criminal laws. You need a lawyer who specifically understands NRS 200.737 and how to keep the case in juvenile court (or get it dismissed as a CHINS matter).
Resources
- Nevada Revised Statutes Chapter 200 – Official text of laws against persons.
- Nevada Division of Child and Family Services – Resources for juvenile justice and family support.
- Nevada Attorney General – Information on internet safety and cybercrime.
- Cyber Civil Rights Initiative (Nevada) – Help for victims of non-consensual pornography.
Disclaimer: This article provides general legal information about Nevada sexting laws as of 2026. It is not legal advice. Laws change frequently. If you are facing legal issues, consult a qualified Nevada attorney.