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Can he be prosecuted for exposing a minor to pornography?

Walnut Creek, CA |

If my father willingly gave me his computer and it contained pornographic images on it, is this considered exposing a minor to pornography or allowing access to pornography? Can he be charged with any criminal offenses because of this? And if so, what?

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Attorney answers 4

Posted

Due to a quirk in AVVO's system, this question went out to the Entertainment Lawyers. It really is a Criminal Law question, and since each state can have different criminal laws, this is best answered by someone who practices in California.

If my answer was helpful to you, I would appreciate if you would mark it either "helpful" or "best answer" if you feel that applies, as AVVO gives us rating points based on feedback. Thank you! Please note that the above answer is not to be construed as legal advice. It is my personal opinion based on your question, and it was given without obtaining the detailed information that I would normally request in order to render comprehensive legal advice. I advise you to consult with a local attorney of your choosing to obtain specific legal advice. The fact that I answered your question does not create an attorney-client relationship between you and me.

Rochelle S. Rabin

Rochelle S. Rabin

Posted

Please note that I changed the practice area to "Criminal Law" for you.

Posted

Tough question to answer without knowing more about intent. Were the images password-protected or were they on a screen-saver? Did your father show you the images or did you search the computer for them?

Asker

Posted

In the case that he gave me the computer with the images not being password protected and told me to clear out whatever I needed to so I could make it my own, thereby allowing me access to the pictures, then what would that be considered?

Posted

There isn't enough information here. Giving a computer is one thing. Have the wallpaper background is another. Who, he gave it to and for what purpose is also an issue. Where the files were located on the computer is still another.

What it all comes down to is the circumstances in which it all happened. Giving someone a computer to do a project, while they snoop around on the computer on their own accord is one thing. Turning it on and purposely pointing out certain items is another.

Reliance on any information in this website is at the sole risk of the user and the user understands that he or she should consult with an attorney before taking a course of action based upon information contained in this website. The information on this website does not constitute an attorney-client relationship.

Posted

More information is necessary.

ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY