Nevada § 200.737 - Use of electronic communication device by minor to possess, transmit or distribute sexual images of minor; penalties

§ 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. 2. A minor shall not knowingly and willfully use an electronic communication device

to transmit or distribute a sexual image of another minor who is older than, the same

age as or not more than 4 years younger than the minor transmitting the sexual image. 3. A minor shall not knowingly and willfully possess a sexual image that was transmitted

or distributed as described in subsection 1 or 2 if the minor who is the subject of

the sexual image is older than, the same age as or not more than 4 years younger than

the minor who possesses the sexual image. It is an affirmative defense to a violation charged pursuant to this subsection

if the minor who possesses a sexual image: (a) Did not knowingly purchase, procure, solicit or request the sexual image or take

any other action to cause the sexual image to come into his or her possession; and (b) Promptly and in good faith, and without retaining or allowing any person, other

than a law enforcement agency or a school official, to access any sexual image: (1) Took reasonable steps to destroy each image; or (2) Reported the matter to a law enforcement agency or a school official and gave

the law enforcement agency or school official access to each image. 4. A minor who violates subsection 1: (a) For the first violation: (1) Is a child in need of supervision, as that term is used in title 5 of NRS, and

is not a delinquent child; and (2) Is not considered a sex offender or juvenile sex offender and is not subject to

registration or community notification as a juvenile sex offender pursuant to title

5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550 , inclusive. (b) For the second or a subsequent violation: (1) Commits a delinquent act, and the court may order the detention of the minor in

the same manner as if the minor had committed an act that would have been a misdemeanor

if committed by an adult; and (2) Is not considered a sex offender or juvenile sex offender and is not subject to

registration or community notification as a juvenile sex offender pursuant to title

5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550 , inclusive. 5. A minor who violates subsection 2: (a) Commits a delinquent act, and the court may order the detention of the minor in

the same manner as if the minor had committed an act that would have been a misdemeanor

if committed by an adult; and (b) Is not considered a sex offender or juvenile sex offender and is not subject to

registration or community notification as a juvenile sex offender pursuant to title

5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550 , inclusive. 6. A minor who violates subsection 3: (a) Is a child in need of supervision, as that term is used in title 5 of NRS, and

is not a delinquent child; and (b) Is not considered a sex offender or juvenile sex offender and is not subject to

registration or community notification as a juvenile sex offender pursuant to title

5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550 , inclusive. 7. As used in this section: (a) “ Electronic communication device ” means any electronic device that is capable of transmitting or distributing a sexual

image, including, without limitation, a cellular phone, personal digital assistant,

computer, computer network and computer system. (b) “ Minor ” means a person who is under 18 years of age. (c) “ School official ” means a principal, vice principal, school counselor or school police officer. (d) “Sexual conduct” has the meaning ascribed to it in NRS 200.700 . (e) “ Sexual image ” means any visual depiction, including, without limitation, any photograph or video,

of a minor simulating or engaging in sexual conduct or of a minor as the subject of

a sexual portrayal. (f) “Sexual portrayal” has the meaning ascribed to it in NRS 200.700 .