Asked in Criminal Law, Federal Crimes and Juvenile Law for California

Q: How does the sentencing go for a minor 12-17 possessing child porn? Minimum/maximum sentence? Compare to adult crime?

First, what would it be for a straight-forward normal circumstance? what if there are multiple instances (i.e. multiple items of child pornography or occasions of indulging in it)? Then, comparing to an adult getting charged: If the child had no remorse/guilt, compared to an adult who quickly felt guilt and wanted to dispose of it? (This is just how the adult feels, not implying any actual destruction of evidence) Then, what about a child erasing the images vs. the adult? If a child erases vs adult not erasing? (Now considering destruction of evidence)

Who would get a worse sentence? How different is the Federal Law from the State Law?

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: See: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=311.11

See: https://www.justice.gov/criminal-ceos/child-pornography

The penal code is the same for adults and minors, though minors may face less jail time depending on their criminal history. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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