Does adult pornography have less probative value than child pornography in cases involving the intent to commit a lewd act on a child?

California, United States of America


The following excerpt is from People v. Trevizo, 2d Crim. No. B204187 (Cal. App. 7/20/2009), 2d Crim. No. B204187. (Cal. App. 2009):

The trial court is not required to automatically exclude evidence about a defendant's possession of adult pornography in cases involving the defendant's intent to commit a lewd act on a child. (People v. Page (2008) 44 Cal.4th 1, 40.) Adult pornography may have "less probative value" than child pornography in such cases. (Ibid.) But trial courts have discretion to weigh the probative value of this evidence based on the particular facts of each case. (Id. at p. 41, fn. 17.)

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