I don’t view virtual child pornography as a viable defense. Most modern video games contain characters that appear to be human. However, the technology and the skill needed to create such life like characters make it unlikely that someone will create virtual child pornography any time soon. More importantly, the real reason why this is likely to be a phantom defense is because law enforcement maintains a database of known child pornography. Because there is such a limited amount of child pornography to go around, it would be a rare case where a defendant would possess only child pornography that law enforcement has never seen before. Thus, while I am not saying that this is an impossible defense, I think it receives too much attention for one that is more theoretical than practical. Until and unless this becomes a viable defense, I will not focus on it here.

Boston Child Pornography Lawyer