I am curious about this topic and I can't find a precise answer to this question.
I thought that the key principle is that to be child pornography, an actual human underage person must be victimized/exploited, but according to the PROTECT Act of 2003, § 1466A(a)(c), it is not.
When I read the link you provided it does say that drawings apply.
This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.
Cartoon pornography featuring underage characters may be subject to federal prosecution under the PROTECT Act, which includes provisions that ban depictions in cartoons, paintings, sculpture and other art forms that lead the viewer to believe that minors are engaged in sexual situations. An informative article about a collector of cartoon art who served a prison term for possession of such materials can be found at http://cbldf.org/about-us/case-files/cbldf-case-files/handley/
This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
I have no expertise on this topic but I can tell you that if you think it's child pornography, don't do it.
In the past drawings and non-actual depictions of children were not considered pornography but the bigger question is why do it?! Please contact a criminal defense attorney who specializes on defense of sexual cases with minors involved. They would have more updated information.
The information provided shall not be deemed legal advice but merely educational, because the attorney may not have all of the pertinent facts regarding your particular case.
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