Teens In Ponytails And Such ...

[nate]

Originally Posted by papagmp

Title 18 part 1 Chapter 110 Paragraph 2256 - 11

"(11) the term “indistinguishable” used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct."

This is the actual statute your defintion refers to:
(8) “child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—
(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or



This is the SCOTUS specifically deeming it uncontitutional.

http://www.law.cornell.edu/supct/html/00-795.ZS.html


SUPREME COURT OF THE UNITED STATES
ASHCROFT, ATTORNEY GENERAL, et al. v.
FREE SPEECH COALITION et al.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
No. 00—795. Argued October 30, 2001–Decided April 16, 2002

...

Held: The prohibitions of §§2256(8)(B) and 2256(8)(D) are overbroad and unconstitutional. Pp. 6—21.

(a) Section 2256(8)(B) covers materials beyond the categories recognized in Ferber and Miller, and the reasons the Government offers in support of limiting the freedom of speech have no justification in this Court’s precedents or First Amendment law. Pp. 6—19.


...

The statute, furthermore, does not require that the context be part of an effort at “commercial exploitation.” Thus, the CPPA does more than prohibit pandering. It bans possession of material pandered as child pornography by someone earlier in the distribution chain, as well as a sexually explicit film that contains no youthful actors but has been packaged to suggest a prohibited movie. Possession is a crime even when the possessor knows the movie was mislabeled. The First Amendment requires a more precise restriction. Pp. 19—20.

(c) In light of the foregoing, respondents’ contention that §§2256(8)(B) and 2256(8)(D) are void for vagueness need not be addressed. P. 21.