This is a mild case and considering Nick's position and wealth it's unlikely he or Kayla will spend long in prison, if at all.
Were we talking about anyone else here, then sure, but I've been following Rekieta since the Mignogna case.
His ability to fuck up a good thing is unparalleled.
He's not at rock bottom. He isn't sorry for traumatizing his children. He's pissed someone hit the pause button on his party. He's an addict who isn't ready to get better, and, judging by his behavior over the last year, he most likely never will.
Getting clean is insanely difficult for even someone with solid self-discipline and willpower. Nick has neither of those things. He's never had to. Nick has NEVER had to be consistent at ANYTHING in his entire life. He couldn't even stick to a regular streaming schedule when he was making big money from it.
So no, while Nick ultimately shouldn't spend a lot of time in prison for this, he also shouldn't have gotten caught in the first place. He shouldn't have chosen the Locals wine moms over his core audience. He shouldn't have chosen degeneracy streams over trial streams. He shouldn't have continued calling Monty a pedophile. He shouldn't have pushed away everyone who told him to pull up and fix his life.
But he did. The only thing Nick is consistent at is consistently making the worst decision in any given situation.
He will find a way to make this worse for himself.