NRS
200.730 Possession of visual presentation depicting sexual conduct of
person under 16 years of age or computer-generated child sexual abuse material
unlawful; penalties; unit of prosecution.
1. A person shall not knowingly and
willfully have in his or her possession for any purpose any:
(a) Film, photograph or other visual presentation
depicting a person under the age of 16 years as the subject of a sexual
portrayal or engaging in or simulating, or assisting others to engage in or
simulate, sexual conduct; or
(b) Computer-generated child sexual abuse
material.
2. Subject to subsection 3, a person who violates
the provisions of subsection 1:
(a) For the first offense, is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 6
years, and may be further punished by a fine of not more than $5,000.
(b) For any subsequent offense, is guilty of a
category A felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of life with the
possibility of parole, and may be further punished by a fine of not more than
$5,000.
3. Each person under the age of 16 years
depicted in any film, photograph or other visual presentation, as described in
paragraph (a) of subsection 1, and each visual depiction or representation of a
child in any computer-generated child sexual abuse material, as described in
paragraph (b) of subsection 1, respectively, constitutes a separate offense for
the purpose of this section.
(Added to NRS by 1983,
814; A 1985,
1412; 1987,
846; 1995,
951, 1196,
1337;
2005,
2876; 2025,
2557; 2025,
36th Special Session, 82)
Notes of Decisions
Cited in
28
cases (
3 in the last 5 years), 1990–2022 · leading case:
Wilson v. State, 114 P.3d 285 (Nev. 2005).
Wilson v. State, 114 P.3d 285 (Nev. 2005).
· cites it 6× “Double Jeopardy Clause Wilson next argues that his conviction on four counts of possession of child pornography under NRS 200.730 violates double jeopardy because those counts are lesser-included offenses of the production charges.”
Andrews v. State, 412 P.3d 37 (Nev. 2018).
· cites it 6× “sexual conduct." 132 Nev. at ----, 373 P.”
Osborne v. Ohio, 495 U.S. 103 (1990).
· cites it 2× “§ 28-809 (1989); Nev. Rev. Stat. § 200.730 (1987); Ohio Rev.”
State v. Hughes, 261 P.3d 1067 (Nev. 2011).
· cites it 4× “727 (proscribing the use of the Internet to control a depiction of someone under the age of 16 years engaging in sexual conduct); NRS 200.730 (criminalizing possession of images depicting a person under the age of 16 engaged in sexual conduct); NRS 201.”
Lader v. Warden, N. Nevada Corr. Ctr., 120 P.3d 1164 (Nev. 2005).
“350 (manufacture, importation, or possession of a dangerous weapon or carrying a concealed weapon without a permit); NRS 453.”
Sena (christopher) v. State, 2022 NV 34 (Nev. 2022).
· cites it 4× “Under NRS 200.730, it is unlawful to knowingly and willfully possess "any film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal.”
United States v. Polizzi, 549 F. Supp. 2d 308 (E.D.N.Y 2008).
“§ 45-5-625 (four years if the child depicted is under sixteen years of age, and 100 years if the child is under twelve); Nev. Rev.Stat. § 200.730 (one year). The seventeen other states’ mandatory minimum sentences correspond to those provided for specific classes of felonies.”
Zana v. State, 216 P.3d 244 (Nev. 2009).
“NRS 200.730. Evidence that he inappropriately touched young girls suggests contact with young girls sexually gratified Zana.”
Castaneda (anthony) Vs. State, 2016 NV 44 (Nev. 2016).
· cites it 63× “" The State charged Castaneda with 15 counts of knowingly and willfully possessing 15 image files depicting sexual conduct of a child in violation of NRS 200.730. Before trial, the State and Castaneda stipulated not to publish the charged images in open court but, rather, to put…”
Payne v. State, 243 Md. App. 465 (Md. Ct. Spec. App. 2019).
“] Nev. Rev. Stat. Ann. § 200.730 (emphasis added).”
Shue (joshua) Vs. State, 2017 NV 99 (Nev. 2017).
· cites it 38× “" Likewise, NRS 200.730 SUPREME COURT OF NEVADA le (01 1947A — 43364 criminalizes the knowing and willful possession of "any film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal.”
— Nev. Rev. Stat. § 200.730(1) — 3 cases
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