Eugene Volokh is on a sexual blogging spree today, which actually isn’t very sexy at all unless you have a law-talk fetish but it does make for some interesting legal analysis. He begins by writing about an eye-opening story where a 15-year-old girl posted lewd pictures of herself on the Internet and is now being charged by authorities for sexual abuse of children, possession of child pornography and dissemination of child pornography.
Volokh also discusses the legal conundrum of two minors taking sexually explicit photos of each other and whether that constitutes child pornography and/or violates age-of-consent laws.
His most recent post is on the question of what constitutes a lewd photo of a naked child, or just an innocent nude photo, such as a photo of an infant taking a bath (warning, nudity!). He advises people to cut down photos of their kids being naked, if only to avoid ending up in a “dangerous gray area” in front of a judges, juries and prosecutors.