The Dost test establishes if an image depicts lascivious exhibition of the genitals or pubic area. If it does, it's considered child pornography.
Read on the six Dost factors. Note that it's not a bright line test -- you don't need all six to be true for an image of the genitals to be considered lascivious.
The Wikipedia article on the Dost test is quite apropos:
>Concerning the lascivious display of clothed genitalia, the Department of Justice described use of the Dost test in child pornography and 2257 documentation regulations in a 2008 rule, writing that the precedent United States v. Knox, 32 F.3d 733 (3d Cir. 1994) did not prohibit ordinary swim team or underwear model photographs, but "although the genitals were clothed in that case, they were covered by thin, opaque clothing with an obvious purpose to draw attention to them, were displayed by models who spread or extended their legs to make the pubic and genital region entirely visible to the viewer, and were displayed by models who danced or gyrated in a way indicative of adult sexual relations."
The distinction is not nearly as clear as you claim it to be.
The Dost test establishes if an image depicts lascivious exhibition of the genitals or pubic area. If it does, it's considered child pornography.
Read on the six Dost factors. Note that it's not a bright line test -- you don't need all six to be true for an image of the genitals to be considered lascivious.
The Wikipedia article on the Dost test is quite apropos:
>Concerning the lascivious display of clothed genitalia, the Department of Justice described use of the Dost test in child pornography and 2257 documentation regulations in a 2008 rule, writing that the precedent United States v. Knox, 32 F.3d 733 (3d Cir. 1994) did not prohibit ordinary swim team or underwear model photographs, but "although the genitals were clothed in that case, they were covered by thin, opaque clothing with an obvious purpose to draw attention to them, were displayed by models who spread or extended their legs to make the pubic and genital region entirely visible to the viewer, and were displayed by models who danced or gyrated in a way indicative of adult sexual relations."
The distinction is not nearly as clear as you claim it to be.