It is important to note that although it may not be illegal for a person under 18 years of age to watch porn online, it is illegal to show pornography to someone under 18 years of age. A young person under 18 showing another young person porn content could be considered an offense. Again:
- If you’re under 18, it is not illegal to watch porn.
- If you (regardless of age) show porn to a person under 18, it is illegal.
Please read the rest of this article closely to have an understanding of “porn” and punishment.
Federal law (18 U.S.C. §2252) states that it is illegal to distribute, produce, possess, or receive child pornography of any kind. This also involves searching and viewing child pornography, even if the content or images are deleted/destroyed.
1. Definition of Child Porn
According to the law, child pornography is defined as any type of images, data, video, computer files, content that shows anyone under 18 years of age engaging in any type of sexual act. The sexual act is considered anything ranging from actual intercourse, masturbation, oral copulation, and/or exhibiting genitalia or genital area for sexual gratification. The act can be either simulated or real.
The law does consider the person’s actual age of when the pornography was made and/or produced, when it comes to defining if the person was under eighteen years of age or not. For example, if the actors in a pornography video were between 18-21 years of age while the video was published on a ‘barely legal’ website, it would not be considered child pornography. The actors were considered of age when the pornography was produced.
2. Punishment for Child Pornography
Being convicted for a child pornography offense can mean a significant amount of prison time as punishment. Possessing child pornography knowingly could mean a prison sentence of 10 years. If the minor in the pornography image or video is under 12 years of age, it could mean a 20-year prison sentence.
If a person distributes or receives child pornography, they can be convicted and forced to face a five to twenty years of prison. Any prior convictions could result in an increased amount of prison time.
3. California’s Registry of Sex Offenders
There is a registry of sex offenders that have been convicted in the state of California. Because the registry is open to the public, anyone can find the people in the list, including employers, landlords, new contacts, family, and friends. Being in California’s registry of sex offenders can have an impact on one’s ability to find housing and work.
California also does have Jessica’s Law. The law prevents any sex offenders in the registry from living or being 2,000 feet of parks, schools, or anywhere children tend to gather and spend time in. The mandatory distance defined by the law is highly enforced by parole officers, even if the law has relaxed slightly in years.