Did the Daily Camera distribute Child Porn?

Ok, in Saturday's Camera we had a picture of the infamous streaker at the Boulder/Fairview football game. Now a couple of facts are incontrovertible:

1. The Camera included a picture of the streaker from the back, showing 100% of his bare butt.
2. The naked individual is 17 - a minor.
3. The boy faces a class-one misdemeanor charge of indecent exposure.

Now lets look at the U.S. law about what constitutes child porn:

• “minor” means any person under the age of eighteen years;
• lascivious exhibition of the genitals or pubic area of any person;
• “child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct,

Ok, it looks like we have 2 questions:

1. Is the naked butt part of the genitals in the eyes of the law?

2. Is "indecent exposure" considered a "lascivious exhibition?"

If so, I think the Daily Camera may be facing a charge of distributing child porn by publishing that picture. As are probably half the students at the game who used their cell phones to snap a picture. The question here is, in enforcing what the law states, did the Camera publish child porn.

Ok, so lets step back for a second. I am not proposing charges being brought against the camera. I am pointing out the stupidity of treating this streaking as a crime. Yes, the BVSD administration wants it treated as a crime because how dare a student thumb his nose butt at their authority. But the rest of us, reasonable people all, see that this is a prank, not a crime.

The police, the school, everyone - they need to relax and not try to make a harmless prank more, much more, than it is. Drop the charges, end the suspension. Because otherwise, in the need to treat everyone equally, we are potentially looking at child porn charges against the Camera, wholesale arrests at the upcoming naked pumpkin run, the list goes on...

The students at least understand the levity this should be treated with - signs today everywhere at Fairview and many wearing t-shirts all with the same slogan - Free Tom.