My kid, he has a girlfriend who moved to England. Both of them are under 18 and I was wondering what the law would be if he were to send her nudes. So that I can warn him.
I can't tell you about England, but in the US,
Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor.
If a person takes a picture, film, or video of a person under 18 years that is "sexually suggestive" (even of themself!) it is called Production of Child Pornography. If they have the image on their phone, in their camera, in their computer, or printed, it is called Possession of Child Pornography. If they send the image to someone else, it is called Distribution of Child Pornography. That is three, count them, THREE federal felonies for which they could be sent to federal prison -- even if they are a minor. It would only be TWO federal felonies for the person that receives the image. There may also be state laws that can result in a sentence to state prison.
I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author and do not necessarily represent the opinions of those who hold other opinions.
You son would be trafficking in child pornography.
NO ATTORNEY CLIENT PRIVILEGE IS CREATED OR EXISTS. Do not rely on any answers you get online from me or any other lawyers in this forum---nothing substitutes for a confidential and protected discussion with an attorney. There is no way you have provided sufficient information for a proper legal analysis—can’t be done online. This is a general legal question and answer site and guidance here is for general interest---a push in the right direction.
I agree with the above answers. The authorities take this seriously. Your son should too.
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