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WHAT IS SEXTING BY A MINOR IN NEVADA?
Nevada's sexting law under NRS 200.737 specifically addresses the growing problem of minors sending sexually explicit images of themselves or other minors via electronic devices. Unlike adult sexting involving minors (which is child pornography), this statute creates a separate, lesser offense for minors who engage in consensual sexting with other minors. The goal is to address the behavior without subjecting teenagers to child pornography charges and lifetime sex offender registration.
WHAT THE PROSECUTION MUST PROVE
To convict you of Sexting by a Minor in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant is a minor
The defendant knowingly sent, received, or possessed a sexually explicit image
The image depicts another minor
The image was transmitted via an electronic communication device
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR SEXTING BY A MINOR IN NEVADA
First Offense (Minor)
Civil penalty up to $500; mandatory counseling program
Second Offense (Minor)
Misdemeanor; up to 6 months in juvenile detention
Adult Receiving Images of Minor
Child pornography charges apply — Category B Felony
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending sexting by a minor charges
This statute was designed to protect teenagers from the devastating consequences of child pornography charges for consensual sexting. However, adults who receive such images face full child pornography charges regardless of this statute.
Parents should be aware that even if their child is charged under this lesser statute, the images may still be shared with school administrators and can affect college applications and scholarships.
I always explore diversion programs for juvenile clients. The goal is to address the behavior through education and counseling without creating a permanent record.
If an adult is involved in soliciting or distributing these images, the charges escalate dramatically to child pornography, which carries mandatory sex offender registration.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO SEXTING BY A MINOR
Every case is unique, but these are the defenses most commonly raised in sexting by a minor cases in Nevada:
The defendant did not knowingly send or receive the image
The image does not constitute a 'sexually explicit' image under the statute
The defendant is not a minor (age verification)
Unlawful search and seizure of the device