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News/

Will Perez Hilton Go to Jail for Miley Cyrus Photo?

by Leslie Gornstein Tue., Jun. 15, 2010 5:33 PM PDT

Jordan Strauss/WireImage.com; Angela Weiss/Getty Images

I see Perez Hilton is at it again, posting photos of Miley Cyrus with her vajayjay hanging out. When are they going to put this pig in jail for posting this child porn?

—Disgusted, via the Answer B!tch inbox

First the facts: Perez recently posted—then removed—a paparazzi photo of Cyrus exiting a car in a too-short white dress. The photo seemed to depict the 17-year-old without underwear, though other photos taken around the same time indicate she did, indeed, have underpants on. Either way, how much jail time is Perez likely to get for this possible child porn? Well ...

... likely, none, defense lawyers tell me.

"This one image of a 17-year-old, even if it were technically child porn, is not a very big child porn case," criminal defense attorney Christopher Leibig tells me. "Usually child pornography cases involve multiple images, including children being photographed—in a private setting and performing sexual acts—by perpetrators for profit."

The Cyrus photo, while invasive, may simply not meet that standard, especially for a prosecutor, Leibig explains. Yes, if Perez, aka Mario Lavandeira, knowingly posted a photo of Cyrus exposing her nether parts, that could technically qualify as a crime punishable by 10 to 15 years hard time, Leibig says.

"But it just doesn't reach the same evil that these laws were intended to prohibit," Liebig adds. In fact, he says, most prosecutors probably wouldn't be interested in pursuing Perez.

For the record, I haven't seen the Cyrus photo in question, and to be honest, I'm not all that interested in tracking it down.

(Originally published on June 15, 2010 at 4:43 p.m. PT)

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Here are some pictures we do like: Total Eclipse!