Is Miley Cyrus Photo Child Pornography?

Perez Hilton draws fire for a controversial picture.

Is Miley Cyrus Photo Child Pornography?

Perez Hilton draws fire for a controversial picture.

-Jane Farrell

Miley Cyrus

One of Hollywood’s most notorious gossip columnists found himself in a storm of controversy over a picture he published that was said to show Miley Cyrus, 17, wearing no underwear.

Critics said the photo, published on Perez Hilton’s twitter page, was child pornography. In reply, Hilton published a picture from the same paparazzi series that showed, he said, that Cyrus was wearing underwear.

Perez Hilton

He also published a brief video statement that acknowledged he had called the teen superstar degrading names in the in the past. In the video, Hilton, wearing in a short fur jacket that made him appear naked underneath, took a flippant tone about the whole issue. He said he originally published the picture because it showed Cyrus exiting the car “in a very unladylike fashion” and that he wanted to encourage her “to be ladylike.”

Read Miley Cyrus: Good Girl Going Bad?

But what Perez is facing isn’t funny. Although some onlookers (and at least one fellow Betty) said Cyrus should not be showing her crotch area at her age. But Jeffrey Douglast, a Los Angeles attorney interviewed by said the responsibility for child pornography rests with the distributors, including Perez and the photographer who took the picture. “We’re not talking about a misdemeanor,” he said. “You don’t have to know what the definition of the law is—all you have to do is knowingly distribute the photograph.”

The picture, taken at a photo shoot for the Tesla electric car, showed Miley getting out of one of the vehicles. Some observers said it appeared to be photoshopped, but Douglas said that wouldn’t make any difference. “Under the law,” Douglas said, “it is still a crime and is punishable just the same.”

Some fans blamed Cyrus for the episode. “Miley thrives on publicity and now she wants to rock with the big girls,” said one poster on the board. Added another one, “She is very calculating in the direction in which she is going with her image.”

After the controversy blew up, sites that had published the image took it down. (

Tell us: Do you think the photo of Miley is child pornography?

Jane Farrell is a senior editor at BettyConfidential.

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37 thoughts on “Is Miley Cyrus Photo Child Pornography?

  1. It’s the media’s fault as a whole for exploiting every little stinking moment of these celebs lives. Who hasn’t worn a short skirt and had to exit a car?!!!

  2. The person who took the photo AND sold it to be posted online should be under arrest, she’s underage and no one should be down on the ground taking photos of women like this.

    Perez the block headed pig distributed the photo of Miley’s genitals and made the photo go worldwide viral. Who is he to tell Miley to be anything – she was getting out of a low sports car, she was a victim of a photographer who was on the floor trying to get a crotch shot. Perez once again isn’t taking responsibility and he needs to be arrested, charged and prosecuted. If not more men will be doing this to young girls, then people off the street will be photographed and web sites devoted to underage girls genitals will pop up. Perez distributed underage porn and needs to be made an example of. This has to stop, not gain mainstream acceptance or anyone’s kids are going to be at risk. It’s a Federal felony for a reason.

  3. YES! What the heck is wrong with Perez? It’s bad enough that some nasty photographer took that awful picture (the photographer should face repercussions for this), but to then distribute it? Beyond being disgusting, that was just plain stupid.

  4. Actually, who cares about this really? Sure he could get in trouble; but I basically have no respect for him and Miley — well she is writing her own death sentence with the way she presents herself – plus she is just a few months from 18 yrs old. It’s not like she is 8 years old. Geez

  5. Yes, it’s Child Porn. Yes, the photographer is a scum-bag and should be prosecuted for Child Porn. Yes, Miley is foolish and not much of a young lady. Yes, the looser Paris should be prosecuted for Child Porn. No, it doesn’t matter that she is a few months from 18yrs. The law is the law, if it is bent in one case then it is not the law but just an “idea” or suggestion. If you move the age to 17, then then next time it may be a 16 year old and someone will argue to move the law to 16, then 15, then 14… Where do you draw the line? Where agreed, at 18yrs.

  6. Perez Hilton is a homo pig. He also called the Miss UsA finalist all manner of vile names for voicing her honest opinion that concurred with Obama’s opinion on gay marriage. Where does he get off calling women vile crude names. I would personally punch him out if I lived in his vicinity. I have daughters and he is below despicable

  7. I agree that he’s a pig, but @marriagecoach1, there is no need for gay slurs. His saying these things, or being vile in general, has nothing to do with his being gay. Just saying…

  8. So let me get this straight. People want Perez to go to jail for showing pictures of her underwear, but noone is calling for her adult boyfriends ( past and present ) to be put in jail, or calling for her parents to be jailed for contributing to the delinquency of a minor by allowing them to date her, even going so far as to have them living in the same house? Like anyone really believes she wasn’t giving it up to any of them? lol Give me a break.

  9. Ladies need to learn how to exit a sportscar properly. Swing both legs out at the same time and stand up. When getting in, sit first and swing both legs in. Unfortunately, none of the girls in the pics are “ladies”.

  10. I think SHE shouldent solicit herself like a whore if she dosent want to be known as one, and I think HE knew better, and NOBODY should have their crotch taken a piture of forget she’s a kid, even if she would have been an adult…it’s still wrong. So that flat lines that, now what happens?

  11. Perez is an idiot and I hope he gets in BIG trouble, especially if Miley had no underwear on! Where is her Dad now??? He should be shoving that camera down Perez’ throat!!! I didn’t see the photo so I can’t say whether it was with or sans undies, but if it was pornografic that guy should be in JAIL and charged with whatever he can be charged with!!! Perez is a pig, but what else is new???

  12. I’m sorry but the girl is 17. If she doesn’t want to wear underwear/panties then so be it. I’m sure several of you guys have went without them at one time or another. Not wearing underwear doesnt make her a whore. Now, him taking her picture like that, does make him a pervert. Child porn is unacceptable. Also, no I don’t agree with her parents allowing her to date older guys, but incase you guys don’t know … once you hit 16 your parents can’t legally do anything about you having sex. Once somebody reaches the age on 16 it is the legal age to consent to sex

  13. The girl is 17….more mature than Perez by far…that being said GIVE THE GIRL A BREAK and find another way to make money.
    Miley is making her money off of herself, Perez is making money off of others…find a talent of your own. And Good-Luck with that…you bore me

  14. Well, that’s what happens when a slut acts like a slut in public…Why the hell would a 17 year old be wearing no underwear and have proof of it then there is a controversy over it…Give me a damn break…SLUT!!!!!!!!!!
    Just wait about another year when the truth comes out that she’s a slut when Im boning her up her ass and she’s filming it…Paris, Pamela, and any of the other sluts would probably agree…

  15. i think she is a independent child she can make her own choices an her choice is to wear sluty close now if she acted like adult there wouldnt be any problem with dirty pics come people she is kinda… yea we all know wat that means thats why my children are not allowed to watch her on tv they are not allowed to own any of her products because she is not a good romodel for kids hell she isnt a good romodel for anyone she needs to be taken off the air

  16. I do not like Perez Hilton at all!!! He lives and breathes Miley!!! People need to just stop giving advise on what Miley should or shouldn’t do, it’s HER life. If he is so against bullying, then what do you call what he does to her?

  17. First, “child pornography” is a false statement. When we see a picture of a woman over 18 in the nude, we do not refer to it as pornographic. Okay, “that’s what we call it”. Great. So the next time I see a woman who is only a few pounds overweight, I can call her obese, because “that’s what I call it”.
    Next, at what point is a baby “too old” to be photographed in the nude? Nobody bothers to ask that. I know we need rules, but come on. Do our children become ugly after 6 months?
    I don’t know this Perez guy, but was he supposed to ask for an ID before snapping his shutter? And just exactly what did everyone expect to see down there? So, she has a vagina. Damn, I hope so!!! My wife has one, and so does my daughter.
    Come on, people. Men and women are dying in a stupid war, not to mention starving to death right here in our own country, and we’re worried about whether or not Miley’s pussy looks better than someone else’s? Or if it’s old enough to come out and play? Grow up!

  18. The answer is no it is not child pornography.
    I looked up the def, only if the child is in a sexual abuse situation. Also to me, I cannot say nudity is a pornography thing, because that would not be fair to the Nudist, including the children. Then again why does every go against Miley I wonder.

  19. She was 17. It wouldn’t matter if she was a few months or a few years short of being 18. 17 is still underage.

    #1 The photographer is guilty at least of knowingly taking indecent photos of a minor, even if she was indeed wearing underwear. And if she really wasn’t, he is also guilty of child porn. The underwear could have been photoshopped in or out.

    #2 Perez is guilty of knowingly distributing the same thing. And since the photo either definitively or seemingly looked like she was not wearing underwear, whether she really was or not, he is definitely guilty of child porn. He could have easily photoshopped the underwear in to “prove” she was wearing it.

    #3 Anyone who knowingly saved the photo to their computer – i.e. if the photo is found in any location other than their temporary internet files – is also guilty of child porn.

    The law is there to protect our children. Unfortunately, the law quite often doesn’t seem to apply to celebrities (or politicians – but that’s a whole other subject). Celebrities, including the photographers who snap them and the gossip columnists who spread filth about them, rarely get more than a slap on the wrist, no matter how heinous their crimes.

  20. That doesn’t make Miley a bad person. The Photographer is wrong. Do you realize how many girls teen or not go about there days not wearing underwear?? honestly? I think Miley is sweet and beautiful and it’s not her fault for the papparazi following he her around just to take her picture. Miley should be able to do what she wants. I support her and everything she does. She is almost an adult and she doesn’t act any different than most girls her age. I say you people who don’t like her and what she does then leave her alone and get a life and stop judging her. Most of you who talk bad about her are probably ugly and jealous of her body and looks anyway. MIley Cyrus is a beautiful person.

  21. perez is a snob and a joke. how would he feel if that was his daughter. Shes just being a teenager wearing what she wants. she has no kids she aint married or anything. shes wearing what she wants and nobody should be taking pics of that. he probably got off on that. he should get charged and face prison. you know what they do to people go to prison for that. it aint fun. my sons father went through that still is. and good for him to. He probably went to photo shop and had the panites removed or something. i think he fixed it to get his name out there and he thought people would think hes a god. hes the shit under peoples shoe as far as im conerned.i think she did like the other photo showed that she was. he fixed the photo. fucked dirty bastard. he better be glad she aint my daughter. id make his life a living hell. iom a very protective parent when it comes to my kids.

  22. I have sadly watched this young lady go down hill ever since she was coming of age…17 and a half? maybe? Miley and the bong..At this point, she is really going to have to be more careful with how she carries herself, by getting out of a car the way she did with a VERY short skirt, knowing that these PIGS are out there waiting for that “porn” shot. I have heard that she will be posing for Playboy. I hope that’s not true. When you take on the role of being a celebrity, and Miley can leave this life now that she is an adult and knows what “this trashy society” expects from her, she can make sure that no one exploits her and try to keep a clean image. Only time will tell what Miley will be in the future and what she has learned by having a “Hollywood” lifestyle at such a young age..Us adults need to keep her in prayer. LIFE BEGINS…NOW.

  23. Miley Cyrus is bumping the envelope once more, but yet this time, it wasn't accurately deliberate.
    The star took the moment through her March nine Bangerz Tour show in Milwaukee, Wis. wearing a significantly revealing clothing that seemed to simply be a bra and panties… simply because apparently, it had been simply her bra and panties.
    Absolutely no, that's not the latest attire; that's the nonexistence of a apparel. After the performance, Cyrus took to Twitter to tell her enthusiasts what took place. She confessed that the first time, she couldn't complete her apparel change quickly enough and required to rush onstage in her undies the time her next track commenced to perform.

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