When you think of child pornography, you probably think of juveniles being cruelly exploited behind closed doors, but much of it is actually made by consenting teens who create photos and videos for others their own age. Unfortunately, even if only minors are involved with creating it and even if only minors see it, films and videos of sexualized juveniles are still considered child porn. Here’s what you should know about the issue courtesy of San Diego juvenile crime lawyer Peter M. Liss.
More teens than ever have been shooting nude and pornographic images of themselves ever since sexting became an everyday occurrence in high schools around the country. But when a person is under 18, it doesn’t matter if they take the photos themselves and only send it to their boyfriend or girlfriend, it still is child pornography and sadly, both parties could end up facing criminal charges.
In fact, in Minnesota, a 14 year old girl is currently facing child pornography charges for sending a nude selfie to a classmate via Snapchat. Under the state’s laws, she could face seven years in prison, a $10,000 fine and a lifetime on the sex offender registry if she were found guilty. While the ACLU is involved with this case, it is not the first or last time these charges will be brought up as long as states allow teens to be considered sex offenders for taking nude pictures of themselves. She could face similar penalties if she were charged in California and because she is over 14, she could even be charged as an adult -though San Diego juvenile attorneys agree it would be unlikely. Additionally, she could avoid sex offender registration if she received probation, which would be fairly likely in this case.
The problem isn’t limited to other states either. High school students simply texting each other nude photos of themselves are being prosecuted in San Diego Juvenile Court for child pornography.
If you are an adult and have been accused of possessing child pornography because a minor sent you an explicit image of themselves, it is important to know that not knowing he or she was under age is not a defense in California. If you try to excuse your behavior in this way, you will only be incriminating yourself, which is why you should never speak to the police without a San Diego sex crimes defense attorney present.
If you have been accused of any type of sex crime, no matter what the circumstances or your age, it is critical you always work with a top sex crime lawyer in San Diego. Peter M. Liss can help you. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation to discuss your case.
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