How can a simple baby photo be pornographic?
Isn’t there a carve out for this? Is it also illegal to bathe a baby, as the baby didn’t give you permission to touch it?
The Supreme Court has been pretty clear on this. It has to be sexually explicit or focus on the genitals. I don’t see how that photo qualifies.
The ruling doesn’t say it is porn. It only says a statute of limitations has not expired. Whether or not it is porn or otherwise legally liable has yet to be determined.
You have to be careful. Child services sometimes considers a father bathing his 2 year old daughter to be molestation.