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Nevada Sexting Laws

According to state statute NRS 200.737, Nevada Sexting laws, teen sexting is punishable by community service or a court warning -for a first offense. Any subsequent violations may lead to child pornography or solicitation charges.

Quick take:

  • Teens tried in the juvenile system for sexting do not have to register as sex offenders.
  • For a first violation of NRS 200.737, the punishment for teens is a court warning or community service.
  • Repeat offenders may face trial in adult court.
  • If convicted of a felony child pornography, solicitation, or exploitation of a child, the accused must register as a sex offender.
  • Revenge porn is a class D felony in the state.

Nevada felony and misdemeanor chart.

Nevada sexting laws summary

You need to remember that NRS 200.737 does not permit teen sexting; instead, the law was enacted to shield teens from the state child pornography laws that could have a lifelong impact on their lives. Furthermore, the juvenile system has the authority to incarcerate any teen found guilty of sexting for up to six months.

What is the legal definition of sexting in Nevada?

State law defines sexting as the willful use of an electronic device to disseminate or transmit a sexually explicit image. Nevada’s sexting laws prohibit teen to teen sexting and sexting between adults and minors. That means sexting between consenting adults is legal. The statute also prohibits the possession of sexually explicit images, still or moving, depicting a child. Consequently, a teen taking nude photos of himself or herself and storing them on any device is unlawful. The crime escalates into possession and distribution if the teen shares the image or displays it to someone else.

What if a teen sends you nude photos?

NRS 200.737 provides two affirmative defenses. First, (1) the accused did not solicit, encourage, or entice the minor to send the photo. Second, (2) the accused took reasonable steps to delete, destroy, or report the images to the appropriate authorities.

When does sexting become a delinquent act in Nevada?

As mentioned, for a first offense, the court may issue a warning and order a less severe punishment. The court will not declare the teen delinquent. However, if the teen repeats the crime, sexting becomes a delinquent act. And thus, upon a second arrest and conviction, the juvenile court will declare the teen delinquent. A delinquent act is equivalent to a misdemeanor, meaning the teen must face some form of punishment. According to section 179D.550, the court may order detention in a juvenile facility, home arrest, or monitoring.

For a second offense, the law does not require the teen to register as a sex offender. However, a third or subsequent violation may result in trial in adult court.

What is the penalty for sexting in Nevada?

Teens prosecuted through the juvenile system will receive juvenile punishment, including a court warning, monitoring, educational program, community service, or incarceration in a juvenile facility.

What if a teen commits a felony?

Teens above fourteen who commit serious felonies such as the creation and distribution of child pornography may face charges in adult court. That is according to NRS 62B.390. For example, if a teen threatens sexual assault via electronic device or commits the threatened crime, he or she will face adult punishment.

Under NRS 200.750, anyone who uses an electronic device to encourage, entice, or permits a minor to engage in, or simulate, or assist others to engage, or simulate a sexual performance, is guilty of a class A felony. that brings us to the question, when does sexting become child pornography in Nevada?

When does sexting become child pornography in Nevada?

NRS 200.720 defines child pornography as the willful engagement, simulation, assisting a minor to simulate sexual conduct, or using a minor as the subject of sexual portrayal. A “child” in Nevada and under federal law is anyone below eighteen years of age.

“Sexual portrayal” means the depiction of an individual in a manner that appeals to the prurient interest in sex and which does not have a serious literary, artistic, political, or scientific value.

NRS 200.700 through 200.727 What you need to remember:

  • Sexual conduct, simulated or actual, refers to intercourse, lewd exhibition of the genitals, bestiality, cunnilingus, sodomy, excretion, masturbation, or penetration of any part of the body. That means any photo, video, or other media that depicts any of the mentioned acts constitutes pornography.
  • Encouraging, enticing, or permitting a minor to perform or create child pornography is a class A felony.
  • Promoting child pornography is a class A felony.
  • It is unlawful for minors to create, possess, or distribute sexually explicit pictures, including selfies.
  • Taking reasonable steps to delete or report nudes sent by a minor to the appropriate authorities is an affirmative defense.
  • Soliciting, enticing, and encouraging a minor to create sexually explicit pictures is unlawful.
  • The facts presented may lead to multiple charges.
  • If a teen has prior records or commits a felony, he may face charges in adult court.
  •  The juvenile court may declare the receiving teen “a child in need of supervision.”

Nevada sexting laws and luring a child or minor

As mentioned, a single set of facts may lead to multiple charges. For example, if an adult solicits or encourages a minor to create sexual images, that adult may face solicitation charges alongside possession of child pornography. Remember, receiving child pornography is also a crime.

Under NRS 201.560. communicating or attempting to communicate with a minor five years younger than you or a child who is less than sixteen years of age with intent to persuade, transport, or lure a child -constitutes Luring a Child. In addition, if the activity happens across state lines or international borders, the person soliciting violates federal law. Under federal law, soliciting a minor for sex is punishable by a maximum sentence of life imprisonment.

It is also a crime to solicit or attempt to solicit sex or sexual conduct from a person with mental illness.

Material that is harmful to minors

Sending any material that portrays sexual acts to a minor constitutes distribution of harmful materials to a minor. That means an adult sending nudes to a child is unlawful. NRS 201.560 section 4. b. reads, quote

“By providing the child, a person believed to be a child or person with mental illness with material that is harmful to minors or requesting the child, a person believed to be a child or person with mental illness to provide the person with material that is harmful to minors, is guilty of a category C felony and shall be punished as provided in NRS 193.130.”

If convicted, the accused must serve a mandatory minimum of not less than one year in prison.

NRS 201.560. What to remember

  • Luring or attempting to lure a child to engage in sexual conduct and using an electronic device to entice or encourage a minor to create explicit content are felonies.
  • Any adult convicted of luring or attempted luring must register as a sex offender.

Nevada sexting laws and sex offender registration

Minors tried in juvenile court do not have to register as sex offenders. However, if the minor is a repeat offender or commits a crime that, if committed by an adult, would be a felony, the teen may have to register as a sex offender.

NRS 200.508 Sexual abuse and exploitation

NRS 200.508 is a general law that addresses all the issues not addressed under Nevada sex crime laws. The statute reads in part, quote:

“A person is guilty of sexual assault if he or she:  (a) Subjects another person to sexual penetration, or forces another person to make a sexual penetration on himself or herself or another, or a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct; or  (b) Commits a sexual penetration upon a child under the age of 14 years or causes a child under the age of 14 years to make a sexual penetration on himself or herself or another, or on a beast.”

“Causes” means encouraging, enticing, or in any other way causing a child to commit a sexual act. That means asking a child to create sexual images or purchasing sexually explicit images from a child is a crime. Sexual Abuse and Exploitation of a Minor is a class A felony in Nevada.

Nevada sexting laws and revenge porn

Nevada law refers to revenge porn as Unlawful Dissemination of Intimate Image. Under the law, anyone found guilty of disseminating or sharing photos obtained when the person depicted had a reasonable expectation of privacy may serve up to four years in prison and pay a fine of up to $5000. In addition, the victim may take civil action against the accused to recover damages.

Revenge porn is a class D felony in Nevada.

What if the victim was below 18?

The crime escalates into possession and distribution of child pornography, a class A felony. Depending on the facts presented, the accused may face both state and federal punishment.

Nevada sexting laws and obscene, threatening, or annoying communication

NRS 201.255. Says that it is unlawful to use a phone or other communication device to threaten, make obscene comments, or harass. That means a person sending nudes or harassing communication may face multiple charges, including obscenity, harassment, and stalking.

The statute prohibits:

  • Nonconsensual phone sex.
  • Threatening phone calls.
  • Repeated phone calls with intent to harass or annoy.
  • Sending sexually explicit content without the receiver’s consent.

References

Other Nevada Laws

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