You love your kids and you think they’re adorable – and watching them play together in the tub with their toys or bubbles is a real delight.
It’s also something that could land you into serious trouble through allegations of creating and possessing “child pornography.”
It’s happened all over the country
Back in the 1960s, a judge named Potter Stewart famously declared that, while he couldn’t define obscene material exactly, “I know it when I see it.”
Unfortunately, that’s the problem. What seems like nothing more than innocent photos of babies and toddlers in the buff during bath time or playtime to a parent can seem outrageously obscene to somebody else – and everybody has different opinions.
Parents all over the country have found that out the hard way. Nude bathtime photos have been used to bring charges against parents in Utah, Arizona and other states. Sometimes the legal trouble began when the photos were sent to a local drugstore for prints, while other times the authorities got involved because of family feuds or public posts on social media.
While it may seem obvious to you that you’re not creating sexually explicit material, it may not seem that way to the police, a prosecutor or a judge. Even if the court eventually does side with you and realize that parents have been taking these kinds of innocent photos of their children since cameras were invented, the financial, emotional and legal strain can be tremendous and your relationship with your children can be forever altered.
Generally speaking, it’s just wiser to keep your camera out of the bathroom when the kids are playing in the tub – and you definitely never want to share those photos with anybody if you decide to take the chance anyhow. If something happens and you do end up facing charges for child pornography related to a bathtime photo op, exert your right to remain silent until you can assess your defense options.
