Nothing will be changed. The conduct for which your boyfriend is charged depends upon your age at the time the alleged crime was committed. This is very serious. He needs a lawyer.
The status of the offense is based on the victim's age at the time of the alleged crime. Even at 18, by the way, there is potential criminal liability under federal law. You can assist your boyfriend by helping him hire a criminal defense attorney.
We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.
A charge of Production or Possession of Child Pornography is very serious. It is one if the many witch hunts that the government on the federal, state and local levels continues to spend millions of dollars on. Prison time and lifetime registration as a sex offender is sought by the prosecution even in first offense cases.
My firm has been representing persons under investigation and charged with Child Porn and Sex offenses at every level(Federal and Illinois) for decades. Anyone in your boyfriend's situation should ASAP retain the most experienced criminal defense lawyer available.
Your question focuses on age and the passing of time. In theory, this will not be the basis for a defense. It may assist your boyfriend in other more creative and aggressive defense strategies.
Contact and retain an experienced criminal lawyer who has focused on the defense of sex charges including production, distribution and possession of child pornography ASAP!
Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: www.waaltd.com 24/7 --(708) 481-4800.
Call Mr. Wiggel's firm.
Please be advised that the above answer is not legal advice. Legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. My "answer" to your "question" is for general reference purposes and I recommend you consider consulting a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation.