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Minors and Sexting… What are the sexting laws between minors In Nevada?

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If you were a parent and you have found your son's cell phone and it contains a naked picture of his girlfriend who is below the age of 18, is he going to get in trouble for possession of child pornography? The only case where (to use the hypothetical) your son could get in trouble for possession of underage pornography is if he actually went out and solicited to grow for the picture. These kinds of text calories make cases like this very hard and complex to argue in court.

However, if you do not put up a rigorous legal battle with the competent criminal defense lawyer who has experience and working sex crime cases in Las Vegas, Your son is facing the possibility of having to be a life long registered sex offender and that is something he certainly doesn't want news record because it can jeopardize his entire future.

If you would like to get familiar with the legal jargon, I have quoted the law below. Please feel free to contact me in come into my office and remember that anything you say to me will be protected by attorney-client privilege.

NRS 200.737  Use of electronic communication device by minor to possess, transmit or distribute sexual images of minor; penalties.

      1.  A minor shall not knowingly and willfully use an electronic communication device to transmit or distribute a sexual image of himself or herself to another person.

“SEXTING AND FEDERAL LAW
Depending on the circumstances, sexting may also be a crime under federal law.

The Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act of 2003 makes it illegal to produce, distribute, receive, or possess with intent to distribute any obscene visual depiction of a minor engaged in sexually explicit conduct. Knowing possession of such material—without intent to distribute—is also a crime under the PROTECT Act. (18 U.S.C. § 1466A(a)(1).)
Federal law also criminalizes causing a minor to take part in sexually explicit conduct in order to visually depict that conduct. Parents who allow this behavior can also be prosecuted. (18 U.S.C. § 2251.)
It’s also a federal crime to use a computer to ship, transport, receive, distribute, or reproduce for distribution a depiction of a minor actually engaging in sexually explicit conduct, or any material that otherwise constitutes child pornography. It’s another federal crime to promote or solicit sexually explicit material involving a minor. (18 U.S.C. §§ 2252, 2252A.)

But federal prosecution of juveniles for sexting may be unlikely. The Federal Juvenile Delinquency Act (FJDA) generally provides that, where possible, juveniles should be prosecuted in state—not federal—courts. (18 U.S.C. § 5032.)”

For more info please contact me at my office

Pariente Law Firm, P.C.
3960 Howard Hughes Pkwy. #615
Las Vegas, NV 89169
(702) 966-5310

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