I was wondering if it would still be a crime for Traci Lords to keep pornography from her underage days (since she is the one in it). I mean if a 15 year old took naked pictures of herself and kept them that would not be considered child porn would it? What if a 15 year old made a sex tape of herself, could she be charged with possession of child porn?
We’ve addressed this question many times before. Can’t imagine why it keeps coming up.
Threads include this one and this one and also this one.
The answer appears to be yes, Lords could theoretically be prosecuted because it is illegal for anyone to possess child porn, even of themselves. So could the 15 year old if she took sexual pictures of herself. Mere nudity is not illegal at all. Period. The pictures have to be of a sexual situation.
It’s a mostly theoretical answer, because in virtually all cases in which this has come up the “porn” in question is self-taken pictures of consensual sex of late teenagers rather than abusive porn involving small children. I don’t see much in the way of actual prosecutions and jail sentences in those threads either, although some of the links are too old to work.
It’s hard to imagine a prosecutor pursuing such a case unless some other factor were involved. Publicity and vote-hunting are other factors at times, unfortunately, but most times such a prosecution wouldn’t pass the laugh test.