Prepubescent enhancement is a possible enhancement of penalties or charges that a defendant may face in conjunction with child pornography charges. The term “prepubescent” means at the stage of life just before puberty, when a body becomes sexually mature. This specific enhancement is focusing on the understanding that the child being depicted in photos, illustrations or videos is below the age of understanding and consent, which in most states is granted at the age of 13. Prosecutors will aggressively pursue these charges given the child’s apparent age.
Understanding The Enhancement
This form of child pornography charge is especially damaging and can draw additional years of incarceration or probation. You need an experienced team of sex crime defense lawyers who understand the charges, can dissect the specific photos or videos in question, and work with experts to defend your rights. Some may think that child pornography refers only to prepubescent individuals, but in California and according to federal child pornography law, depiction of a minor (a person under 18 years of age – prepubescent or not) in any form of sexual activity may constitute child pornography. Depending upon whether a defendant faces child pornography possession or distribution charges, he or she may face increased penalties. For example, distribution may be an automatic felony charge under California law.