Now, here's the question!
Given that the intent of the viewer is operative here, what is the purpose of prosecuting a person for what they feel when they look at a particular photo that might be perfection innocent to another?
When I've asked that question in the past, I've sometimes gotten indignant answers that we're protecting children from abuse here. But if the photo in question was taken innocently and is being used inappropriately, in what way is the child being abused?
In other words, if I'm a sick little twist and I get my jollies out of looking at the photos of child models in clothing catalogs like JC Penney, in what way are the models being harmed by my illness?
Clearly there are images that are exploitative in nature. But we also seem, as a culture, to want to not just protect children, but to punish people for having 'weird' fantasies and thoughts. These laws are often attempts to do just that. Despite protestations to the contrary, we *do* care very much what people think and feel in the privacy of their own minds, and if don't care for it, we'd like to make it criminal.
And what's really odd is that our culture pushes sexuality as an important aspect of our society; we use images of younger and younger children in sexual and sensual circumstances to sell products and entertain ourselves; then we punish anyone who admits to being attracted to what we tell them they should be attracted to. Sick.
Having worked with sex offenders during their period of therapy (both group and individual) what I've learned is that pedophilia is a cyclic behavior pattern. One does not just start sexualizing children off the bat. Thoughts, feelings and actions can take a while to come to fruition. I could explain, and for a few minutes started to but then realized that my post would take up an entire page. Most pedos are people (men/women) who often have difficulty with normal adult same-age relationships. THey are also those who have a deep sense of powerlessness in their own little world. A nagging or abusive spouse or even employer, rowdy neighbors ... whatever! They discover how easily children are manipulated and "controlled". That feeling of power and control emboldens them and they seek more of it. They're usually lonely and isolated individuals in spite of a clique of friends/family. They begin to develop an attraction to children, usually focusing on a particular age group and this is sometimes due to accessibility. A neighbor's child or family member's child or sunday school classes that they teach for their church or simply the grade that they're teaching/coaching at school... whatever! So your six or eight year old might be perfectly safe being alone with a pedo because they prefer 12-14 year olds. But it is no guarantee of that...but I've seen that pattern before and it's fairly consistent. They usually channel their depressed and troubled lives into building a relationship with someone who listens or cares or provides adequate distraction. As they go through this long process they are exposed to all sorts of media involving children. Flipping through channels and seeing kids on tv doing commercials or tv shows/movies. Magazines, catalogs, billboards and so on. It provides fuel for their imaginations. Same goes for a (serial) rapist who gets his wheels spinning while looking through a Sports Illustrated Swimsuit Issue or that hot babe on tv/movie they watched ... those women aren't being abused are they? Same with the kids who model, act. The pedo builds up a fantasy world the same as any adult would about an adult. The difference is the adult to adult doesn't have relationship issues or difficulty finding "normal" relationships and so will focus on that age group. The fantasies are thoughts which leads to good feelings and eventually those feelings will prompt the offender to act out. It's a long drawn out process of progression to the act and hundreds and dozens of children are filtered through the pedo's mind before they finally act out during a choice opportunity. To say that our media helps fuel inappropriate behavior or thoughts... I'd say it's fair but until we know WHO has those inappropriate thoughts we cannot call it porn unless it's blatantly obvious.