If the kid was 18, would it be pornography? If he didn't know...that's one thing. If he did, it's like getting caught speeding, in this case.
If he was 17 would it be alright? The age of consent is 17 in Texas. I found this out after going to the cops when I found a 17 yr old girl I know asleep on a couch in the arms of a 31 year old guy.
Kids are doing all sorts of things today that I wasn't even aware of when I was their age. If one underage kid takes a nude photo of another underage kid is it the same as this case?
I think it comes down to the photographers intentions as well. There are pictures and videos all over depicting those of legal age as minors, although they won't admit it.
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People Are Stupid. People can be made to believe any lie, either
because they want it to be true or because they fear that it is.
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