>>1331070
>>1331203
To be more precise it falls under obscenity law and the miller test like any other type of pornography in the US. "Virtual CP" as it is known legally is perfectly legal in the US and protected by the first amendment in Aschcroft v Free Speech Coalition.
There has been a few obscenity cases, but the same is true for "normal" pornography as well... see Max Hardcore among many others.
https://en.wikipedia.org/wiki/Miller_test
The CBLDF has successfully gotten the vast majority of these prosecutions dropped when they offer to defend such people though, and even were in cases where the people had real CP. Of course only the charges for the "virtual" stuff were dropped though, which is all the CBLDF were going for.