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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13472
Experience:  Experienced in multiple areas of the law.
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Is it illegal to have in your possession family nudism

Customer Question

is it illegal to have in your possession family nudism pictures that are not in any way sexually explicit
JA: In what state did this occur?
Customer: texas
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 9 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 9 months ago.

Just to be clear, are we talking about photos of like your kids, nieces, nephews, that sort of thing?

Customer: replied 9 months ago.
Photos from a family nudism site. No Porn
Customer: replied 9 months ago.
The pictures in question where from an online nudism site. Not in any way sexually explicit in nature. Did not display any lude or suggestive behavior.
Expert:  RobertJDFL replied 9 months ago.

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).

Customer: replied 9 months ago.
The pictures where of whole families including children in a nudist colony. No one in any of the pictures where engaged in sexual activities or are they sexually suggestive.
Expert:  RobertJDFL replied 9 months ago.

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!).

Expert:  RobertJDFL replied 9 months ago.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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Expert:  RobertJDFL replied 9 months ago.

Was there anything I could clarify about my answer or any additional information you needed? If so, please REPLY and I'll be happy to assist further. Otherwise, I would kindly ask that you remember to leave a positive rating by clicking on the stars so that I am paid for my time and assistance. Thank you!