Document Type

Case Summary

Publication Date

12-14-2017

Case Synopsis

The Nevada Supreme Court held that (1) under NRS 200.710(2), knowingly using a minor as the subject of a sexual portrayal in a performance, the proper unit of prosecution is one conviction per each distinct minor appearing as the subject of a sexual portrayal in a performance; (2) under NRS 200.730, the “simultaneous possession at one time and place of [multiple] images depicting child pornography constituted a single violation of NRS 200.730”; (3) the statute barring the “sexual portrayals” of minors are not overbroad and do not violate the First Amendment or the Due Process Clause of the United States Constitution because the statute is clearly defined to penalize only unprotected expression; and (4) the act of kissing a minor on the mouth, in public, without consent, is insufficient to sustain a conviction of lewd conduct without further testimony regarding the nature of the kiss.

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