(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct or (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct
We then have to figure out what is 'sexually explicit conduct' - is it a minor, dressed in underwear, with a sultry look? 18 USC § 2256(2) defines 'exually explicit conduct' as (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
(A) Except as provided in subparagraph (B), “sexually explicit conduct” means actual or simulated.
