I respectfully disagree. Illegal child pornography is obscenity, or at the very least contains sexually explicit material (a very short step from obscenity), and has nothing to do with whether or not a crime was committed in their manufacture. If two 16 year olds have sex, in most states, that is not a crime, but if they decide to take photographs in the process, they now possess illegal material.
See: New York v. Ferber, 458 U.S. 747 (1982).
Originally Posted by
PTravel
No, it is because virtually no pornography is obscene. Child pornography is, technically, not obscenity, but is illegal because it cannot be produced without committing a crime.
--Jon