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

Q: Cp

If a minor under the age of 16 sent themselves naked to a adult or another minor and the minor who received the explicit pictures and videos encouraged it and didn't report but told the minor to do more inappropriate things who is gonna face punishment the child who sent a explicit video or picture or the minor/adult who received it and distributed it

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2 Lawyer Answers
John-Patrick Mullen-Lujan
John-Patrick Mullen-Lujan
  • Criminal Law Lawyer
  • Newport Coast, CA
  • Licensed in California

A: It is a violation of the law to send intimate/nude photos and videos to someone when the person sending the images is under the age of 18 years old because it is considered "child pornography". That said, this kind of violation generally goes unfiled. It is more common that a person who receives, elicited, or further distributed the image will be charged with distributing or eliciting child pornography, especially if the person is over the age of 18 and the person depicted in the image was UNDER the age of 18.

It is also a violation of the law (no matter what age) to distribute the nude/intimate images of another person, when the parties had agreed or understood that the images or videos were to remain private. This violation is often referred to as "revenge porn". If you would like to discuss the circumstances of your case in more detain, I recommend reaching out to an attorney who can further assist you in answering your questions.

James L. Arrasmith
James L. Arrasmith PRO label
  • Sacramento, CA
  • Licensed in California

A: In California, it is illegal for any person to possess, distribute, or produce child pornography, regardless of the age of the person depicted in the images or videos. This means that both the minor who sent the explicit photos and the minor or adult who received and distributed them could face legal consequences. However, the specific consequences would depend on the circumstances of the case and the age of the individuals involved. In cases where both parties are minors, the court may focus on rehabilitation rather than punishment, but it is still important to take the situation seriously and seek legal advice. It is always best to avoid engaging in or encouraging any illegal activity.

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