Yes He Can. Everywhere.
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Yes he can, all day long. State makes no difference. Child Pornography is also illegal under Federal Law.
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No, but he can be charged with possession and distribution of child pornography.
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Somehow I doubt this is a hypothetical... you wouldn't be asking if it was.
Simply having that picture at all may be a crime. Posting it certainly is (distribution).
Regardless of any relevant state law, federal law certainly can apply.
If this is a real issue, contact an experienced criminal attorney immediately.
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