united-states criminal-law pornography
Is any photo of a toddler without a shirt on child pornography?
<p>The mother of my goddaughter's has many times insisted that her girls (3 and 1.5 years old) cover their nipples before she can take a photo of them if they are doing something cute or photo worthy and happen to not have a shirt on (if your familiar with little kids you will know they end up topless semi-often).  She has claimed that this would constitute child pornography otherwise.</p>

<p>I am highly skeptical of this.  The girls have less in way of 'breasts' right now then I do as a grown man, and I'm not worried about being arrested for indecent exposure if I go swimming with just my swimming trunks on (though in my case inflicting any part of my pasty white body on another may count as a crime against humanity).  </p>

<p>Could any image not taken with the intent to be sexual/provocative which happens to have been taken when a toddler wasn't wearing a shirt, but with diapers/pants on, really qualify as child pornography?</p>

<p>The godchildren live in Georgia, though she seems to be concerned about federal laws not state ones.</p>

<p>Context is important. There is no law against taking a picture of a child who is entirely naked or exposing certain body parts. The laws in question such as <a href="https://www.law.cornell.edu/uscode/text/18/2251" rel="noreferrer">18 USC 2251</a> refer to the fact that the minor "engage[s] in, any sexually explicit conduct". Sexually explicit conduct is defined in <a href="https://www.law.cornell.edu/uscode/text/18/2256" rel="noreferrer">18 USC 2256</a>, and would include "lascivious exhibition of the genitals or pubic area" (which does not include nipples of anyone). Federal law does not define "lascivious", but the ordinary meaning of the word does not include the situation that you describe. The Justice Department, which goes after child pornographers, provides <a href="https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-child-pornography" rel="noreferrer">this guide to federal child porn laws</a>.</p>

<p><a href="https://law.justia.com/codes/georgia/2010/title-16/chapter-12/article-3/part-2/16-12-100" rel="noreferrer">Georgia's child porn law</a> is only marginally different, referring to "Lewd exhibition" rather than "Lascivious exhibition" , and including the "Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude" (so a picture of a person holding a naked baby would technically qualify, but is highly unlikely to be prosecuted as production of child porn).</p>

<p>These laws pertain to any form of child porn, including "private use only". Dissemination would be an added charge.</p>
