Originally Posted by
chadknowslaw
No, it could not be used against a legitimate barely legal pornographer. If you put "All models were over the age of 18" statement on your site then it is obvious that you are not selling child porn nor are you implying that it is child porn.
I like using cocaine as an analogy. If I sell cocaine, that is illegal and I can be prosecuted. If I bag up baking powder in little baggies and tell people it is cocaine and sell it as cocaine, I can be prosecuted for the attempt to sell cocaine because a reasonable person would believe I am selling cocaine. If I bag up baking powder and put a label that says "Contents: 100% pure baking powder" and sell it as baking powder, I have done nothing wrong and cannot be convicted.