ABSTRACT
One case in Texas demonstrates the difficulty in regulating depictions of nude children (Breast Is Best, 2003; Korosec, 2003). A mother, Jacqueline Mercado, was reunited after a year with the father of one of her children. Soon after the reunion, the couple posed for several naked photos in bed, took numerous nude photos of Mercado bathing with both her children, depicted one of her children from a previous relationship touching his genitals, and took pictures of Mercado on her knees while the couple’s naked toddler-who had already been weaned from breast-feeding-sucked on one of her nipples. In some photos, Mercado modestly covered her chest with her arm, but police characterized Mercado as fondling her breasts in the shower. They also characterized the photo of breast-feeding as sexual performance of a child because the child had already desisted breast-feeding. The couple’s photos came to the attention of Texas law enforcement pursuant to mandatory reporting requirements for photo lab technicians who encounter questionable material. Many states have similar laws (Oregon v. Porter, 2010). The couple was charged for producing the depiction of breast-feeding. The government thought that the case was weak, yet the couple agreed to undergo
sex therapy. They also underwent risk assessments and evaluations before Child Protective Services agreed to return their children.
