This is a mildly complicated area of interpretation and case law and we only summarize it here. We have published a successful brief we wrote that includes an in depth discussion of the Dost factors.
In summary, the test looks at the sexualization of the child in the image.
“Example” most courts would conclude that a child in her underwear (genitals covered) with her legs spread towards the camera is child pornography and the same child fully naked (genitals visible) just standing on a beach is not child pornography.
The interpretation is made from the perspective of the image itself and the intent of the viewer and the intent of the photographer are irrelevant.
The actual “Dost Factors” are:
- Camera focus;
If you are facing potential child pornography charges, it is critical that you use a legal defense team with specific experience and expertise dealing with crimes against children. Call us at any time at (800) 459-2500 for a free, confidential initial consultation. Early intervention is critical to obtaining the best results