CP Indictment Stands Over Photoshopped Image

ST. LOUIS — A Nebraska man who photoshopped a naked adult woman having sex, replaced her face with that of an 11-year-old girl and sent her the pic lost his motion to have his indictment dismissed.

As a result of a ruling Thursday by the 8th U.S. Circuit Court of Appeals, Jeffrey Anderson's indictment stands. Anderson, who entered a conditional guilty plea for one count of distributing child pornography, received a 10-year sentence for the act, which involved his half-sister.

"Anderson argues that the law as applied here is not narrowly tailored because it encompasses an image that clearly depicts adult bodies and because it punishes 'private' distribution of a morphed image," the panel wrote in its decision.

"But the harm a child suffers from appearing as the purported subject of pornography in a digital image that is distributed via the Internet can implicate a compelling government interestregardless of the image’s verisimilitude or the initial size of its audience. Anderson’s distribution targeted [the child] through her Facebook account, and the image suggested her involvement in sexual intercourse as an 11-year-old child.

"There was no less restrictive means for the government effectively to protect this child from the exploitation and psychological harm resulting from the distribution of the morphed image than to prohibit Anderson from disseminating it. We therefore conclude that 18 U.S.C. §§ 2252A(a)(2)(A) and 2256(8)(C) are constitutional as applied to Anderson’s conduct."

Industry attorney Lawrence Walters told XBIZ that the legality of morphed images appearing to depict a minor in a lascivious manner has been subject to inconsistent court rulings.

"In a case we handled, Stelmack vs. State, the court ruled that the statute did not prohibit morphed images of the heads of minors pasted on top of the body of a nude adult female," Walters said. "However, an earlier case from the 8th Circuit, U.S. vs. Bach, where Mr. Anderson’s case was heard, found that morphed images victimize minors every time they are viewed, since they falsely suggest the minor was engaged in sexual activity.  

"So it is not a surprise that Mr. Anderson was convicted of this offense, and that the court rejected the First Amendment defenses.The Bach case noted that there may be some scenarios where the First Amendment would prevent criminalization of a morphed image of a minor but did not describe what circumstances would be required. 

"Bottom line: It is extremely risky to publish or circulate any virtual or morphed images that appear to depict minors. Even advertising explicit content as child pornography can violate federal law, even if all models are over 18.”

Tim Henning, who leads the ASACP as executive director, told XBIZ that "virtual child pornography" is not a victimless crime.

"What distinguishes this decision is the fact that the morphed image in question depicted the sexual acts of two adults before the child's face replaced that of the woman in the image," he said. "Therefore no actual child was sexually abused in the production of the virtual child pornography.

"However, the morphed image is virtual child pornography that involves the depiction of a recognizable child and falls under historically unprotected speech even if it has not been specifically dealt with in previous decisions to date.

"The bottom line is the morphed image fraudulently depicts the sexual exploitation of an identifiable minor who will be repeatedly victimized every time it is viewed. The threat to the minor’s reputation and mental health are significant even into adulthood.

"The restriction of speech in this case is necessary in order to protect real and vulnerable children from this type of harmful sexual exploitation."

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

German Court: Regulator Can't Block Entire IG Accounts, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Brazil Lays Out Preliminary Guidelines for New AV Requirements

President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

Senate Committee Debates Section 230 Reform

The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing Wednesday on potential changes to Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Pearl Industry Network Offers Free Creator Memberships

Industry trade group Pearl Industry Network (PiN) has launched its free creator membership initiative.

Sam Bird Acquires Fanblast

Sam Bird, former co-director of global talent agency Surge, has acquired creator monetization tool Fanblast and named himself CEO.

'SheHerGirls' Launches Through Paysite.com

The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

FTC Invites Public Comment on 'Click to Cancel' Rulemaking

The Federal Trade Commission (FTC) announced this week that it is seeking public comment on whether it should amend its Negative Option Rule to better address deceptive or unfair practices.

Aylo Rebuts Indiana AV Suit Claims Over VPN Access

Aylo this week asked a Marion Superior Court judge to dismiss Indiana’s lawsuit alleging that the company violated the state’s age verification law by failing to prevent access by users who employ VPNs and similar means to avoid geolocation.

'PSMTickling' Launches Through Paysite.com

PSMTickling.com has officially launched through Paysite.com.

Show More