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I tend to agree (talking here about the law as it should be, not as it is) that there is no rational reason for distinguishing between 2D and 3D fake images. The only rational basis for the “visually indistinguishable” criterion, in my opinion, is that there might make it too difficult to obtain a conviction over real abuse images, if the defendant could just claim that they were actually computer-generated.
1
(A) depicts a minor engaging in sexually explicit conduct; and
(B) is obscene; or
2
(A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and
(B) lacks serious literary, artistic, political, or scientific value;
or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A(b)(1), including the penalties provided for cases involving a prior conviction.