The GQ answer to your question is in your OP. The backlash against the notion that teenagers must go to jail for taking a picture of themselves is already forming. Your insisting that itвЂ™s so without any evidence doesnвЂ™t make it so. Yes, some attitudes have changed so that seemingly every instance of nudity is a sex crime.Д«ut legally it ainвЂ™t so. Yes, most certainly there is a hysteria about sexting. Thora Birch in American Beauty is one famous example, easily and legally available. Many Hollywood movies have had under 18 actresses pose nude. (Cynthia Myers, the December 1968 Playmate, was 17 when she posed.) Again AFAIK, every retrospective of Playmates feature her centerfold along with the 50s CD-ROM and every other way that Playboy makes money on its past. Playboy had a 16-year-old Playmate in its January 1958 issue. I think the assessment that they constitute CP under law and case law is correct.

No, this would not pass legal muster and neither would the Penthouse images.

Look at it another way: If young, underage teen girls could pose nude in Penthouse / Playboy type poses with legal impunity, where are such publications? The demand would seem to be huge. While those might not have resulted in convictions, I think an underage person posed as they do in Penthouse probably would. In one case a prosecutor threatened a girl who was photographed from the waste up wearing a bra and therefore no more exposed than she would be at the beach. Let us not forget that the Supremes upheld the Knox conviction which, as I recall, involved video of fully clothed little children, not doing anything particularly erotic but the camera was zoomed into their (fully covered) вЂњnaughtyвЂќ areas.ДЄnd recent issues where young people were threatened with CP prosecution for вЂњsextingвЂќ which I think mostly involves just standing in front of a mirror. I am aware of the definition and as I have not seen the images in question, I think it can be presumed that someone posing for Penthouse would be posed in some suggestive / erotic way.

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