Eugene Norbert Fonder, in custody, appeared in the Tenth Judicial District Court before Judge Jim C. Shirley on Tuesday, June 17, 2025. The case originated in New River Township Justice Court, where the Churchill County District Attorney’s Office accused Fonder of crimes related to the exploitation and sexual abuse of children under the age of 16, as well as using technology to lure a child for illicit purposes. On June 6, he entered into a plea agreement that reduced the original 56 counts to four.
At that time, the case was waived to District Court, as Nevada Justice Courts do not have jurisdiction to impose prison sentences in felony cases. Fonder was rearraigned and pleaded guilty to three counts of Prepare, Advertise, or Distribute Pornographic Material Involving a Minor, all Category B Felonies, each carrying a potential penalty of 1 to 15 years in prison and a fine of up to $15,000. He also pleaded guilty to one count of Possession of Visual Pornography of a Person Under 16 Years of Age, also a Category B Felony, punishable by 1 to 6 years in prison and a fine of up to $5,000.
As noted in last week’s article, “Multi-Count Child Exploitation Case Moves to District Court on Heels of Plea Agreement,” children cannot legally consent to the creation of explicit materials. Any depiction of a minor in sexually explicit content constitutes exploitation. The term child exploitation will be used in all articles related to this case, except when quoting legal charges, court documents, or statements made in court. The term is increasingly used by experts, as the word pornography typically refers to depictions involving consenting adults or actors.
The factual basis stated in court indicated that Fonder was in possession of, and had distributed, up to 662 images and 1,334 videos of child pornography. Judge Shirley referenced one image—graphic in nature and not describable in this article—illustrating what most would consider an extraordinary depth of abuse and exploitation as it involved an infant.
Churchill County Public Defender Jacob Sommer, who represented Fonder in Justice Court, confirmed on the record that his client was originally charged with 56 counts. He noted that while a reduction to four counts may seem surprising, prosecutors often reduce charges in exchange for a guilty plea. This approach can spare victims from testifying, expedite proceedings, and still result in a substantial sentence.
Fonder is not eligible for probation unless a court-ordered Psychosexual Evaluation determines he is not at high risk to reoffend. Sommer said the defense was not requesting an evaluation at this time.
Judge Shirley ordered a Pre-Sentence Investigation (PSI), and sentencing was scheduled for August 19, 2025. Despite the guilty plea, Fonder remains legally not guilty until he is formally sentenced and the court pronounces judgment. If convicted, he faces up to 51 years in prison, would be classified as a Tier II Sex Offender—Nevada’s second-most serious classification—and may be subject to lifetime supervision.
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