child pornagraphy isn't punished because it's an older individual looking at younger, it's punished because it's creation is viewed as exploitation of the child, therefore viewing it is supporting the exploitation of children. by the current justification of the law, then yes he should be punished by the full penalty.
More interesting question: if he was looking at pictures of his same age gf, and to make it more interesting, let's say they are both 15-16, is it morally wrong now? should he be punished under law now?
More interesting question: if he was looking at pictures of his same age gf, and to make it more interesting, let's say they are both 15-16, is it morally wrong now? should he be punished under law now?