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The post below was published on Monday, December 20th, 2010 at 9:17 AM.

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Second District: Simulated Child Porn

A person takes lewd photographs of an adult woman and pastes onto them the heads of eleven- and twelve-year-old girls. Does possession of the doctored photographs constitute possession of child pornography in violation of section 824.071(5)?

No, explained the Second District in this decision. The statute requires the depiction to include sexual conduct by a child, and simulated sexual conduct by a child is not within the statute’s scope. The court observed that a comparable federal law does include simulated depictions.

















































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