Preparing, Advertising or Distributing Child Pornography

Nevada Revised Statute (NRS) 200.725 outlines the elements of “Preparing, Advertising or Distributing Child Pornography.”

See NRS 200.725.

In order to be convicted of preparing, advertising or distributing child pornography, the State must prove beyond a reasonable doubt, the following element:

1. The accused knowingly prepared, advertised or distributed any material which depicts a minor engaging in, simulating, or assisting others to engage or simulate in sexual conduct.

Other similar or related offenses include:

1. Producing Child Pornography – NRS 200.710; NRS 200.720
2. Child Pornography Possession - NRS 200.730
3. Lewdness with Child Under 16 – NRS 201.230
4. Prostitution – NRS 201.354
5. Solicitation of a Prostitute – NRS 201.354

T works as a digital marketer in Las Vegas. A new client approaches him, offering a large fee in exchange for making an advertisement and distributing it to customers on behalf of client in promotion of his new film. T did what the client asked and created the advertisement. T had created an advertisement for a pornographic film involving children. Police officers soon saw the advertisement and used technology to track down T as the advertisement’s creator. Police then arrested and charged T for advertising child pornography.

When a complaint is filed, it is merely an allegation against an individual. They are not convicted of the crime. The prosecution must prove their allegation beyond a reasonable doubt, and when an experienced criminal defense attorney is hired, this can be hard for the prosecution to do.

The first defense against the allegation of preparing, advertising or distributing child pornography is that the accused did not knowingly advertise the child pornography. In the example of T, it could be shown that he did not know that the advertisement involved children engaged in pornographic activity. An experienced criminal defense attorney will be able to show that the accused did not act “knowingly,” which could lead to the charge being dismissed.

Another defense against the accusation of Preparing, advertising or distributing child pornography is that what was being advertised was not child pornography at all. It may be possible to show that what was being advertised did not serve a sexual purpose but instead had literary, artistic, political or scientific value. If this is the case, what is being advertised does not qualify as child pornography and the charge will be dismissed entirely.

If a person is convicted of Preparing, advertising or distributing child pornography, they will have a Category B Felony on their record. This means they will spend one (1) to fifteen (15) years in prison and have to pay a fine of $15,000.

Criminal defense attorney Josh Tomsheck has 15 years of legal experience in the criminal justice system. Prior to being a defense attorney, he worked as a Chief Deputy District Attorney. This allows Mr. Tomsheck to have the unique perspective of knowing how a prosecutor will approach a person’s particular case, and he knows exactly how to defend against what they are preparing. He is an award winning criminal defense attorney who will work diligently for you. For more information about the charge and defense of advertising child pornography in Las Vegas, call the law firm of Hofland & Tomsheck right away to schedule your free consultation. (702) 895-6760.