Has anyone had a case in which an individual was charged with possession of child pornography and the pornography in quesion was hand drawn? The drawing I have in my case appears to be that of a youth engaging in sexual conduct. In addition to the drawing there are also photocopies of magazines of youth children and drawings done by the suspect of these youth naked. Is this child porn? If this is a possible charge will requirement of U 18 stand in the way since we do not know the age of the subject he drew?

maybe under TPC 43.23. good luck.

What's offensive and nauseating about child porn, and why it's illegal is that is shows a real child being sexually abused. If it's a drawing, there's no real child being abused. It's sick, but probably not illegal. Now that guy's on law enforcement radar, at least.

If you haven't read Ashcroft v. Free Speech Coalition, I would do so before even thinking about trying to prosecute under that theory. I don't think it would survive appeal.

Ashcroft v. Free Speech Coalition, 535 US 234 - Supreme Court 2002

http://scholar.google.com/scho...as_vis=1&oi=scholarr

I think JEM is on the right track with this type of "material."