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    Photography or pornography? Kids seized over bathtime photos

    A picture from the Demaree's vacation, released by their lawyer.A picture from the Demaree's vacation, released by their lawyer.File this under things you wouldn't believe could happen, but did.

    Last year, Lisa and Anthony Demaree took their three girls--ages 5, 4 and 18 months--on a vacation to San Diego, returning with the hundred or so usual vacation photos, which they turned in to Walmart for developing. And then their children were seized.

    Yes, seized. By Child Protective Services. According to the Arizona Republic, the Demarees did not see their kids for several days, and didn't regain custody of them for a month, during which they were investigated for "sexual abuse."

    The evidence against them? Bath time photos.

    That's right. Photos of the kids in the bath. Naked, as kids often are in the bath, at least if you're trying to get them clean. Photos which, according to the state Attorney General's office, were no better than pornography.

    Now the couple, once under investigation for "sexually abusing" their three daughters by taking the photos, is suing Walmart and the state of Arizona for the stress, shock, grief and depression caused by the incident.

    Does it matter that all charges were eventually dropped? That the Demaree's were reunited with their children, and had a chance to explain to their friends, family and neighbors the root cause of the accusations against them?

    Of course it matters. Most reasonable members of society can understand the vital difference between taking photos of you kids playing in the tub and creating sexually explicit content starring minors. So what took the state of Arizona so long?

    It's really hard to know. To be fair, cases like that of the abused and killed Chandler child, also reported by the Arizona Republic, can scare the bejeezus out of anyone, especially the state officials charged with protecting kids against abusive parents and guardians. But if taking pictures of kids naked in the bathtub is tantamount to producing pornography, then just about every camera-toting parent on the planet is a criminal and could have their kids seized. Is that appropriate?

    More on this:

    Motherlode: Are Bathtime Photos Pornographic?

    Free Range Kids: Kodak Moment or Kiddie Porn?

     

    121 comments

    • The_coach  •  9 months ago
      CPS and IRS ( and now Homeland Security) all have non-constitutional powers to seize and charge without presenting evidence, including to seize property with total disregard for court procedures.
      The system - as bad as it is - is then abused by one person as revenge on another.
      Almost every CPS case where there is total fabrication or lack of evidence ends by the victim (the child) returning home after being told how evil his parents are. Parents (guilty of nothing ie - completely innocent) must take parenting or anger classes in order to get their children returned and if they fail to attend these classes (which are costly and take them away from their family) - if they fail to attend it presented of more evidence of the non-crime.

      The American people can reverse these trends of sacrificing freedom for insane restrictions but will not until it gets worse.... probably much worse.
    • Marcie  •  2 years 8 months ago
      Well I guess every parent I know had better start lining up because if this is porn we are all guilty. Who at Walmart looked at this and thought porn? We need to be more concerned about the mental state of this person and what kind of life events he or she has had.
    • Isabela eMisa  •  2 years 8 months ago
      They took pictures of their children in the tub...SO WHAT!?
      My parents, my friends parents, and my neighbors parents have ALL took pictures of them in the tub when they were children. There is a big difference between porno and just taking fun pictures.
    • SmileL  •  2 years 8 months ago
      the kids are wearing towels for goodness's sake!! if taking pictires of your kids in the bathtub was unappropriate, then every parents should be seized!! jeez people, good Lord!!!
      Dumb people...
      the poronography i get, but that wasn't kid pron or whatever.
      man people these days
    • Mafia Moll  •  2 years 8 months ago
      There's an easy way to fix CPs' little red wagon of overstepping their authority: every concerned citizen should protest their actions by phoning & reporting that all Wal-marts across the nation should be shut down for their blatant & massive distribution of kiddie porn.

      Hear me out on this - Wal-mart carries several parenting magazines in their book section, If you open up the pages of any of these parenting magazines, you will find advertisements for various baby things - and often pictures of naked babies are used to sell these items, even when they aren't in the bath! Diaper companies are especially bad for making baby porn - some of their pics even have an adult patting the naked babies' bottoms - pure filth! (this is said tongue-in-cheek, but I think you get my drift).

      So there you have it, we have a good way to fight back & get Wal-mart shut down, parenting magazines banned & diaper companies put out of business - they are certainly more involved in the evils of child pornography than the average parent. If everybody were to truly participate in such a protest, CPS will be so over-loaded with calls, that they *might* just think twice about taking children away too quickly.
    • Peapod  •  2 years 8 months ago
      And I too question the mental stability of the person that sounded the alarm in the first place. I think they should be checked out.
    • Peapod  •  2 years 8 months ago
      I once worked as a photo lab tech and these pictures wouldn't have even caught my attention! With all the evil in the world and blatant child predators on the Internet with their disgusting pictures, why were these photos even an issue? I feel just awful for these parents. Talk about someone getting into your business that don't belong there....!
    • ☠Cγαɳiđℓ❤Sωℓℓŧ Ŧøøŧh☮Suic ...  •  2 years 8 months ago
      The only way that the pics would be classified as porn, would be if their legs were spread apart and purposely photographed [just like porn]. I could go back in all our family albums and see generations of naked baby photos! ..
      If they were posed.. good job walmart.. But aparently they werent, and now the parents and their kids will never be the same again.
    • jocelyn  •  2 years 8 months ago
      Just ridiculous. They go after good parents and leave the child molestors to do whatever. If that kind of effort was put into capturing the real criminals then maybe our crime rate in America would go down.
    • andyjodi  •  2 years 6 months ago
      well i posted a comment to this article and today read through all of the postings and my comments not posted. imagine that. im wondering if it was to real for readers. well now lets just say that the child protective services are government emplyers out for the money. they should be investigated on all there cases for there reports being actually true and nonfabricated to be worded to there benefit. they dont care about tearing familys apart. the actual description for dcfs is to help children in other parts of the world. not to separate familys in america. this is a sad story, and yet its happing everyday to decent struggling familys for reasons that should not even be legal. i would be a part of any rebuttal against the social services that any person would wish to move on. but they have got there ways to scare the public so that no one will come forth. i hope that that family does not have more dilemna headed in there future from social services. i have had them for 7 years and still fighting for my rights and credibility as a person. they ruined the life o could ofhad. im sorry to the couple and wish them good luck.
    • Dianna D  •  2 years 8 months ago
      I 100 percent agree with "Sandra". Lawyers should be asking the state of AZ what the hell were they thinking to think such an innocent thing be pornographic. I bet the person(s) that made the claim have bath time pictures of when they were kids. It's what parents do.. It's cute when your little ones are having so much fun in the tub that you have to take pictures having that fun! I But we live in a sick world, so now good parents like us have to worry about crap like this.
    • jc'smami  •  2 years 8 months ago
      Funny how when child services needs to intervene they don't and when they should leave it alone, they intervene!
    • Jenn  •  2 years 8 months ago
      wow - just about everyone I know parents should have the book thrown at them since we all have those lovely naked photo's of ourselves as babies...
    • Mo B  •  2 years 8 months ago
      I think that it's not right to critize people from doing their job. Personally I don't know what goes on in lots of places around the country but I have worked in Child Protection for awhile and my mom does as well. They don't just take kids away for no reason if at all possible, granted other states may work differently. But I find it hard to believe that the children would be taken away for a month over this, they would of had to invovle police and a judge to do this so I'm inclined to think there's a lot more to the story that we don't know.

      That being said I have many pictures of my daughter in the bath tub, even being chased naked through the house by her aunt. That is not porn by any means. The fact that some people think it is is just sad, what is so wrong with the human body and why do people relate being naked right to sex. It's just sad
    • topguy10  •  2 years 8 months ago
      Wow, there was a time when I was young this would never have happened. Welcome to the current century...I don't have kids, but I think I just wouldn't take pics of them in the bathtub because I wouldn't want to take any chances.
    • rockzenraven  •  2 years 8 months ago
      Why would anyone take pictures of their kids naked? Even if it's bath time? 5 and 4 year olds? Really? Fail to see the cuteness and kinda see the controversy here.....and yea, I have a 2 year old of my own. Some parents make me wonder sometimes.
    • Jett  •  2 years 8 months ago
      Another sign of not only how times have changed in general but also how restrictive things are in America. I watched a French rental movie a few years ago, in the attempt to urge along my knowledge of the language, and watched a scene in which two of the main characters — little boys about the age of 9 — were running around the house naked. Not only were they naked on screen, they were also naked in front of all the other actors and camera crew. Nine years old. And do the French care? A big resounding NO!! It's very tragic indeed for the parents of those poor children who were seized for a month all because of pictures that we ALL have in our photo albums at home. And the ones my mom and my mother-in-law have of me and my husband (respectively) are much more revealing that the one shown above.
    • Lloyd  •  2 years 8 months ago
      CPS COMMUNIST POLICE STATE WOW more publicity over this than ACORN and trying to tell a fake pimp and prostute how to traffic under age children for prosttution get a F--kin life
    • E  •  2 years 8 months ago
      I know personally from an inside source that there is much more disturbing info. to this story then the media has led on. We should not believe everything that the media reports. Facts on this case that have not been released would change the entire story as well as peoples views. These parents deserved to have there children taken away...trust me!!
    • VanessaH  •  2 years 8 months ago
      What a joke. My parents might too be in prison too if this qualifies as pornography, as would most parents. The saddest thing is is that not a single person thinks this ridiculous law suit is justified. Yet some idiot still threw out accusations and tore this family apart. It's just pathetic that this is what our country is coming to. You can sue anyone for anything nowadays.

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