San Jose, CA asked in Juvenile Law and Sexual Harassment for California

Q: Is it illegal for an adult(or a 17 year old) to send a 14 year old nudes(without consent).

2 Lawyer Answers
Nicholas John Saranto
Nicholas John Saranto
Answered
  • Juvenile Law Lawyer
  • League City, TX

A: It’s against the law in California to possess, produce or distribute “obscene matter” depicting children younger than 18. This would be a violation of PC 311, the state’s child pornography law. In cases where both parties are under 18, state courts have been known to show some leniency.

However, it could also be considered to be potentially sexual harassment.

David Stephen Kestenbaum agrees with this answer

David Stephen Kestenbaum
David Stephen Kestenbaum
Answered
  • Criminal Law Lawyer
  • Van Nuys, CA
  • Licensed in California

A: Yes! Without knowing the fact pattern it is impossible to advise accurately, other than to say it is a bad idea that could land the adult or 17 year old in jail!

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