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Originally Posted by Pleasurepays
my point about CP is that there are definitions that seperate "a picture of a nude child" and "child pornography" and it revolves around the same relevent term "sexually explicit". it can be a sexually explicit photo without penetration. as i said, the definition is similar to 2257 definition sexually explicitl which defines sexually explicit photos of a minor. the point being that "sexually explicit" does not require penetration as far as i recall.
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Like everything it is confusing. CP has many of its own statutes and even though 2257 is labeled under a child protection act, it is just an additional crime to a CP producer for not having records. 2257 in itself is not a CP enforcement law it is a record keeping requirement for adults used in actual sexually explicit productions. 2257 is rarely used in CP related crimes unless it is to plea downward in a case. As you stated a child in a simulated sexually explicit pose would indeed be CP no matter how it was done, then again it would not matter if you did have 2257 on it because it was a minor.
I am not trying to talk in circles, but this law and the way it is labeled and sold to the public makes that happen.