As technology advances, it’s important to understand what’s going on in your teen’s phone.
In California, sexting is legal among adults if it is consensual. However, when underage individuals are involved, things get much more serious. The short answer is that possessing or distributing content that involves children under the age of 18 is illegal in California.
Now, you’re probably thinking, “Is it still illegal if both parties are underage?”
In situations where both individuals are under the age of 18, state courts have been known to show leniency.
Situation 1 - Katie is 16 and she sends sexual images to John who is 25 over text messages. If John keeps the images on his phone, he will be in violation of PC 311 and would likely be charged for possession of child pornography.
Situation 2 - Katie is 16 and she sends Kevin, 17, naked images over text messages. Kevin’s parents later find the images. In this situation, it’s extremely unlikely that both teens will be charged with possession of child pornography. Instead, they would likely have to complete community service or similar counseling.
Newman & Allen is Here to Help
If your teen has been charged with possession of child pornography, there are things that can be done to fight for their future. The first step is to work with an experienced criminal defense attorney to discuss your situation and put together a plan to fight for your future.
Call our team at Newman & Allen today (909) 328-6101 to learn more about how we can help.