Is it child pornography?

Mande - posted on 01/12/2013 ( 5 moms have responded )




A recent conversation with someone got me wondering what the law states. The person I was speaking with claims that any photo of a child (we were talking about newborn babies at the time) without bottom region covered or any photo of a little girl (again.. newborn) without her top region covered is legally considered child pornography and they are in the process of trying to get someone in trouble for posting a bathtub photo of their newborn on facebook. I'm just wondering if anyone knows what the law states about this? Or happen to have any links to reliable sources explaining the law. I have a hard time believing that I could not legally take a photo of my newborn daughter wearing only a diaper.

Thanks for any insight!


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Tinker1987 - posted on 01/13/2013




The parents Intention when taking a bath tub picture is not Pornography. ( at least i hope) but after you put it on the internet it can end up anywhere inluding those just be careful what your uploading.

Jodi - posted on 01/13/2013




This actually makes for interesting debate, because at what point are photographs we take of our naked children considered pornography? In essence, it isn't the taking of the photograph that is the issue up for debate, but rather, what is classified as the *distribution*. For instance, a 12 year old girl who takes a photograph of herself and puts it up on FB could be accused of distributing child pornography - in fact teenagers HAVE been charged for such actions. If you posted a naked photograph of you 8 year old, it could be considered distribution of child pornography, because you are making photographs of naked pictures of your child available to others/the general public (the minute you post a picture of your child on FB, anyone of your FB friends can download it and distribute it, and on it goes).

So, I ask again, at what point does it become child pornography? Do you draw a line at age (remember, pedophiles don't)? Do you draw a line at making it available for distribution by others? Do you draw a line at showing others what is a private photo?

It is probably never a good idea to actually PUBLISH naked photos of your child because then you lose control over where those photographs end up. By all means have take the photographs, keep them as memories for your family, but posting to facebook has a way of making it public. Who knows how those photographs will be viewed and used?

Patricia Ann - posted on 01/12/2013




No its not illegal,thats not true,we all have bathtub pics of our babies good god .....

Sarah - posted on 01/12/2013




There is no way you can legally get in trouble for that!!! That's just stupid. Who doesn't have a picture of their baby's butt? Or Bathtub picture OR a baby in it's diaper. If that is the case then every mother should be arrested. But no it is not illegal unless that parent is sending those naked pictures to a pedophile for money. That's illegal.

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