Bakersfield, CA asked in Federal Crimes and Criminal Law for California

Q: If a movie has a 20 year old playing a 16 year old with sex/nude scenes could that be considered child porn

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1 Lawyer Answer
Robert P. Cogan
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  • San Diego, CA
  • Licensed in California

A: Under Title 18 of the United States code, the Federal criminal code,“minor” means any person under the age of eighteen years. Under the California criminal code, possession of child porn relates to a representation of a child who is under 18. The statutes do not discuss the roles played by the actors. If you are the movie maker, it would be prudent to consult an attorney. Facts that you consider unimportant could make a critical difference or invoke some other criminal statute. Also, full details are often missing in questions such as this.

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