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Perez Hilton and Miley Cyrus (clothed)

Perez Hilton and Miley Cyrus (clothed)

(Via PopEater)

In the daily grind of being Perez Hilton, posting upskirt photos of celebrities is a fairly common task that probably gets little editorial scrutiny. When one of said celebrities is 17-year-old Miley Cyrus, however, lots of serious legal implications regarding child pornography become involved — as the infamous blogger is now finding out. Hilton posted a photo of Cyrus, apparently sans underwear, and now some are speculating he may find himself in jail thanks to the photo post.

Hilton — whose real name is Mario Lavandeira — posted the photo, said to be of Cyrus climbing out of a car in a dress and wearing no underwear, to his Twitter on Monday with the warning: “If you are easily offended, do NOT click here … Oh, Miley! Warning: truly not for the easily offended!” The firestorm started shortly after.

At 17, Cyrus is still considered a minor, and the posting of the photo could legally constitute child pornography. Though Hilton pulled the photo down from his server, it was there long enough for many sites to take screengrabs of it. (Editor’s Note: You will not find the photo on PopEater, now or ever.)

Salon.com’s Tracy Clark-Flory quickly investigated the legal consequences, and the experts Salon spoke with say Hilton could be facing some massive legal woes.

“We’re not talking about a misdemeanor. You don’t have to know what the definition of the law is, all you have to do is knowingly distribute the photograph,” Los Angeles-based attorney Jeffrey Douglas — a child pornography case specialist — told Salon. He went on to call Hilton’s decision to post the photo “suicidal.”

While some are asserting that the photo was doctored to falsely portray Cyrus as not wearing underwear, experts insist it likely won’t matter. Whether she was or wasn’t, the photo that Hilton posted would still fall under child pornography laws.

“That is still a crime and it is punishable just the same,” Douglas told Salon.

Salon asserts that if an attorney is so inclined to go after Hilton, “he could be prosecuted on the state or federal level — or both — with a conviction potentially resulting in a 15 year sentence and lifetime registration as a sex offender.”

(Via PopEater)

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