This is kind of a weird question, but is it illegal to have naked pictures of yourself if you are underage?
It shouldn’t be…
Why of course not. As long as you don’t show it to anyone else or distibute it.
There was a topic on this in Humble Opinion, I think,
I understood the law to be that you can’t possess pictures of a minor that are sexual in nature. Since there are zillions of those “cute little naked baby” pictures about, and toddlers in swimsuits is perfectly okay, it seems like it would be dependent on the nature of the picture, not the mere naked kid content. I remember when one of my in-law family members, who was 12, got spanked really, really hard by his dad and reported it to his counselor at school, it was documented by a doctor who took pictures of his behind. (And boy, was he embarrassed.) I’m sure that, Gods forbid, had the abuse been in other areas as well, appropriate pictures would have been taken.
So, I think the answer, silly as it might sound (I am not a lawyer standard disclaimer here) is that you can have those pictures IF they weren’t taken with the intention of being sexually exciting. Say they were taken to be artistic or to document something like a really wicked bike accident, that would probably be fine.
Corr, who searched to make sure her parents didn’t have any really embarrassing pictures when she was little
If you were Pablo Picasso and you’d painted it yourself, you could own a picture of a woman giving you head when you were twelve. You could also exhibit it in public too (sorry the cite doesn’t mention the picture in question), but unfortunately you’d be dead.
But maybe that wasn’t what you meant?
One of Cecil’s imitators, Dan Savage, addressed this in his column, Savage Love. The answer is, no, you can own any pictures of yourself, in any situation, at any age. (The writer in question had video of himself whacking off at a tender age.) But sell or publish them, even if they are of yourself, and you are in big trouble.
– Beruang
So you’re saying that the picture I have on the front of my personal Web site, that is me circa age 4, covered in mud with nothing but shorts on (I’m a girl) can get me landed in jail?? Am I propogating child pornography of myself??
I DO have mud covering up my uhm…well, what later became larger mamary glands…will that save me?
Zipper JJ –
Neither Dan nor I are lawyers. The photo you describe would seem to be free of sexual content – clearly not the case with the videos. If I were on the jury, I wouldn’t convict you.
– Beruang
Could 6 year olds engage in sexual activity, capture this on videotape, and then market it only to other 6 year olds?
Okay, I’ll stop now.
No. It is illegal for anything; magazines, video, whatever, to be bought or sold if it contains child pornography. It is even illegal to be given as a gift for President’s Day. Even if little eight year old Timmy wanted to give his scoutmaster a picture that he had taken of himself naked, no can do.
So it would be illegal to sell a picture that was taken of yourself when you were a child, if the pictures could be used in a sexual way, even though no child is exploited except yourself? Huh.
Basically, Tracy Lords cannot make a quick buck selling her old vids then. I’ll let her know…
“Could 6 year olds engage in sexual activity, capture this on videotape, and then market it only to
other 6 year olds?”
My guess, that would be a triple felony.
Quadruple if they were married to other people.
One the photo is out of your control, you can’t know that no other child will be exploited. One of the chief arguments against distribution (as opposed to production) of child pornography is that child molestors use it to “groom” their victims. “See, these kids in the picture are doing it, so it’s not really that weird for you to do it with me…”
You may not buy this argument, but there it is.
Uh, I’m pretty sure she knows that already.
IANAL
but my understanding is that the intent of the photographer has nothing to do with it.
Can the image in and of itself be viewed as sexual?
Then it is kiddie porn.
If the cops are in you house searching for something else, or if they just drop by and you invite them in, and they see these you could be in trouble.
If somebody like your neighbor, your sister, the carpet cleaner is in the house and sees the image and takes offense they can report you to the cops and then they will come down on you like a ton of bricks.
There was a paroled sex offender who wrote kiddie porn in a journel. All of it was fiction. There were no ‘real’ kids in his stories. The journel was for his eyes only. But the parole office found it and he got seven years for writing down private fantasies in a private journel.
The government isn’t kidding when it comes to kiddie porn.
I think calling it ‘kiddie porn’ makes it seem less of a crime.
Like the “Kiddie roller-coaster” is less of a ride?
A few years ago, a couple of high-school kids in Vancouver, Canada, were caught in the carnal act on school property. They were both underage, and were both charged with statutory rape. It wasn’t laughed out of court.
If y’all will allow a short hijack–
When I was about 15, I started, err, “having relations” with some of my parents’ friends. (Serially.) Because of this, I have a hard time with age-of-consent laws. I never felt that I was taken advantage of or harmed in any way, and I deride anyone who would try to suggest otherwise. I’d hate it if any of those women ever got into any trouble over it. Still, my gut reaction if a 30-year old guy is having sex with a 16-year-old girl (or boy) is “Creep!”
My question is this: Is this a pervasive double-standard? Don’t girls or gay boys have the same right to choose what they want for themselves? What a thorny issue.
Molly Ivers wrote an editorial about this recently. Claimed it was a violation of the First Amendment, Thought Police, all that. Her point was: the porn was not distributed, no laws were broken, so what gives?
Not taking sides; just pointing out it’s a thorny issue.
– Beruang
So:
Mom takes a pic of me in the tub when I’n four years old (thanks a lot, Ma.) NOT A CRIME.
Later, at age 30, I steal the photo from Mom’s attic so no one can see it. I put in in my drawer. NOT A CRIME.
I show the pic to my girlfriend, who laughs and wants a copy. I let her make one. NOT A CRIME.
During a party at her place, some weirdo finds the picture and finds it arousing. He takes it into the bathroom and touches himself while looking at it. NOT A CRIME (But he’s not getting invited to any more parties for sure).
He steals the picture. NOT A CRIME (theft yes, but child porn no).
He owns the picture and regularly touches himself while looking at it. CRIME–POSSESSION OF CHILD PORN
He sells a copy to his equally weird friend, with the understanding that said friend is aroused by it. CRIME–DISTRIBUTION OF CHILD PORN
Friend puts it on the Internet, so other weirdos can look at it and touch themselves. CRIME–DISSSEMINATION OF CHILD PORN
Meanwhile my girlfriend posts it on her website, so my other non-weird friends can see it and laugh at me. NOT A CRIME (although I might break up with her).
I tell her I want the picture back. As a joke, she insists I pay her a dollar for it. I pay it, I get it back. NOT A CRIME
Looking at the picture, suddenly I’m aroused. Is this a crime? (And yes, this is all hypothetical. Really.)
Karellen, you don’t even have to be naked in the picture. Child porn is determined by intent not so much as by content.