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Originally posted by stocktrader23
Since you brought that point up I have a valid question. Are underage girls posing nude but not in hardcore not considered CP?
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If the picture in question shows an underage person posed in a manner that constitutes a "lewd & lascivious exhibition" of genetalia, then yeah, it can and has been prosecuted as CP. Note that the "lewd and lascivious" qualification doesn't necessarily include nakedness. On the other hand there is a book by a photographer.. I forget the name.. sold in a couple of major US bookstore chains which features b&w nudes of underage teens and preadolescents.
So.. strangely enough.. you could get busted for CP if you posed clothed kids in a lewd manner, but not if you posed them naked in an artistic manner.
Its a fine line tho, you never know what a jury will be willing interpret as lascivious...
Disclaimer: I'm not a Lawyer, so don't take this as legal advice. Just giving my opinion from what I've read and the cases I've heard about in the US.