Okay let us all take a deep breath.
First of all, child *advertiser censored* is a VERY vague term....people can end up with child *advertiser censored* CARTOONS on their computer from visiting certain websites, they don't even know the images are there and the images are silly Japanese cartoons but it can bring a felony charge/s.
Secondly, yes CP is a felony. Were these photos of ACTUAL CHILDREN and or silly cartoons or snapshots of sleeping kids?
First of all you have no idea what you are talking about. Child *advertiser censored* is a legal term and NOT vague as it applies to charging a individual. It's actually clearly defined in Title 18 United States Code Section 2256. You'll notice that 18 USC 2256 covers "computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct." Before you say I told you so, I can tell you that those portions of the statute have been struck down via Ashcroft v. Free Speech Coalition.
In order for us to charge 18 USC 2252 which is the actual charging statute for Child *advertiser censored* crimes and includes the transportation, possession, receipt, distribution and other less charged crimes related to Child *advertiser censored* we must show that the depictions meet the following: "such visual depiction involves the use of a minor engaging in sexually explicit conduct;"
Sexually explicit conduct is defined as:
“sexually explicit conduct” means—
(i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited;
(ii) graphic or lascivious simulated;
(I) bestiality;
(II) masturbation; or
(III) sadistic or masochistic abuse; or
(iii) graphic or simulated lascivious exhibition of the genitals or pubic area of any person;
Cartoon images, computer generated images, etc ARE NOT CHARGEABLE in the United States under any "Child *advertiser censored* Statutes." In some communities they are chargeable as Obscenity but that is extremely rare, holds a much lesser penalty and I have never seen it in my 20 year career.
Cartoons and computer generated images depicting sex with children are illegal in some other countries as Child *advertiser censored*.
And your comments about sleeping kids is just silly. When we charge an individual with statutes related to Child *advertiser censored* the material charged must meet the statutory definitions. ALOT of due diligence goes into charging and prosecuting an individual.
Jim