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Just to be clear, are we talking about photos of like your kids, nieces, nephews, that sort of thing?
I appreciate the clarification -- sorry for my misunderstanding.That by itself, even if the pictures had minors in them, would not be unlawful. In order to be considered child pornography, a prosecutor must be able to prove beyond a reasonable doubt that the defendant knowingly and intentionally possessed materials depicting a child under the age of 18 years at the time the material was created, engaging in sexual conduct, and the defendant knows this material depicts the child as such. It is also a crime to possess child pornography with the intention of promoting or distributing it. Under Texas child pornography laws, if six or more identical visual depictions of a child engaging in sexual conduct are found, then there will be a presumption that the defendant had intent to promote the materials. That's not the case here. And of course, if these are all adults in the photos and they have consented to the pictures, that's fine (even if engaged in sexually explicit acts with other consenting adults).
I think you're fine then. As I said, there has to be an intention to possess materials depicting a minor child engaging in sexual activity. That's not the case. A child who is simply nude in the photo is not pornographic (if it was, lots of parents and family members would be in jail!).
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