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  1. #1
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    May 2010
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    Default What is Considered to be Child Porn

    My question involves criminal law for the state of: California


    A picture of someone's genitals with a unclear photo of a minor in the background. Wasn't meant to be Child Pornography AT ALL, it was a total accident.

    Is this ilegal?

  2. #2

    Default Re: What is Considered to be Child Porn

    In and of itself probably not what would be considered child porn - however, people running around with their genitals exposed to the point where photos of those genitals are being taken with a child in the room most certainly opens doors for other potential criminal charges, such as lewd behavior, exhibition, contributing to the delinquency of a minor, and several others.
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  3. #3
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    Default Re: What is Considered to be Child Porn

    No, a minor was not in the room. A picture of a minor was in the background of a picture of someones genitals.

  4. #4
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    Default Re: What is Considered to be Child Porn

    was the child clothed?

    Quote Quoting aardvarc
    View Post
    In and of itself probably not what would be considered child porn - however, people running around with their genitals exposed to the point where photos of those genitals are being taken with a child in the room most certainly opens doors for other potential criminal charges, such as lewd behavior, exhibition, contributing to the delinquency of a minor, and several others.
    Not to get into an argument but there is nothing inherently illegal about practicing nudity in ones own home.

  5. #5
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    Default Re: What is Considered to be Child Porn

    Yes, of course. It was just a regular photo of a minor, with clothes on.

  6. #6
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    Default Re: What is Considered to be Child Porn

    It generally requires the photo be for prurient interest. In other words, that it gets someone excited.

    The full text of the laws can be found in the Penal Code in sections 311-312.7.
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  7. #7
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    Default Re: What is Considered to be Child Porn

    Well I was erect in the photo but the photo of the minor was NOT the reason why. It just happened to be there and I did not notice until
    it was too late.

  8. #8
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    Default Re: What is Considered to be Child Porn

    Quote Quoting h!vltg3
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    Yes, of course. It was just a regular photo of a minor, with clothes on.
    what do you mean "of course". A lot of people have pics of their naked babies. I was just asking for clarification.

    While I won't say some prosecutor off on a bent wouldn't try to stretch the inclusion of the child in the photo somehow rises to the level if kiddie porn, I do not believe any reasonable person would without some evidence to support that was the actual intent.

  9. #9
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    Default Re: What is Considered to be Child Porn

    Okay, thank you all!

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