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§ 2256. Definitions for chapter
(8) (B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; ....
(11) the term ?indistinguishable? used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct.
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This being the case, it could be considered cp if the powers that be decided to make it such.. I'd say a rather large gray area in this particular situation..
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