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6/24/2025, 12:36:04 AM
>>57935926
Technically it can be, see picrel. Non-obscene implies that it could have some artistic merit (see point three of the Miller test). It is just that if actual children are involved in the art then it is considered a crime REGARDLESS of any artistic merit: The primary problem isn't that they are children per se, it is that they don't have the rational ability to provide informed consent, and can thus be mentally/physically hurt (see 2nd highlight). Same reason why you can't have sex with drunk people
Technically it can be, see picrel. Non-obscene implies that it could have some artistic merit (see point three of the Miller test). It is just that if actual children are involved in the art then it is considered a crime REGARDLESS of any artistic merit: The primary problem isn't that they are children per se, it is that they don't have the rational ability to provide informed consent, and can thus be mentally/physically hurt (see 2nd highlight). Same reason why you can't have sex with drunk people
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