The current legal landscape is that something could be CP even if no real human beings were used in its production. Or were over 18 but looked too young, or they were a 17 year old kid that send someone a picture of his dick/pussy as joke via snapchat.
Saying that something that is so vaguely defined shouldn't exist gives a free victory for censors.
Disclaimer - I suppose that you understand under CP what us normal people understand and what an overzealous DA, but still.
No children were harmed or molested in the making of literature. That's a different topic to actual, real-life photographic CP.
That isn't what the US statutes use to differentiate between legal and illegal, however; rather the Miller test is what applies.
http://en.wikipedia.org/wiki/Legal_status_of_cartoon_pornogr...
It gets trickier if the images merely misappropriates existing images but there's still something fairly creepy about that.
However - there's also a move to outlaw synthetic images which is more troubling. I recall a case where someone was prosecuted for possessing pornographic representations of "The Simpsons" or something similar
I feel it's certainly problematic if all three categories are treated identically as the amount of direct and indirect harm differs significantly in each case and the tradeoffs we make regarding privacy vs. protecting individuals from hard likewise would be different in each case.
Which is another reason to be skeptical of the laws as they main reason they exist is because people find it objectionable, rather than rational arguments about what actually prevents child abuse.
It creates a market. Is there no empathy for the subject of the photo? Would you like your 6-year old son or daughter to be looked at with a sexual gaze?
How about you ask those who were abused whether they feel like they are not victimised by people spreading and owning images of their abuse.
The victims are quite obviously real.
I see your point, but looking at a photo of someone without their permission is vastly different than raping them.
I would also like to know when I said that raping a child and looking at images of said rape are equivalent crimes.
Also, it’s looking at an image of someone being abused, not just an image of someone.
I take great issue with your first sentence.
Who the hell do you think was harmed in the creation of said CP? If you are in any way sympathetic to those that would "harmlessly" watch it, then you are tucking delluded as to the reality of such a situation.
Seriously, take a moment to think about what you said and try to not pretend to be so "academic" about your position.
I'll assume you have no children.