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Originally Posted by chadknowslaw
Child porn is an easy test -- was one of the performers under 18 at the time the image was taken? That is a simple yes or no question. If the answer is "Yes" then the material is child porn and is contraband. CP is illegal to make, sell, or possess. CP has a victim too -- the child model. This is an objective test and easy to understand. CP is not legal at any level.
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While I agree with the rest of your post, I need to highlight this.
The example I gave was a mother taking a picture of her child playing in the bathtub and being charged with CP when the person developing the pictures called police. They were not for distribution. They were for her child's photo album.
There is QUITE a difference between THAT and CP. If THAT can be classed as CP, then I'm sorry, that's not an easy test at all. Even if it IS easy to define simply because they're under 18, that doesn't make it right.
I'm sure I've got a couple of pictures of my children in the bathtub too. Are you saying that my wife and I should be charged with possession of CP, or did you run through and simplify that part, then move on to the obscenity issue because that was the issue at hand? That's fine, but I'd like some clarification on that.