How Miley Cyrus’ Upskirt Photo Could Land Perez Hilton In Jail

Trouble is brewing for Perez Hilton: Apparently, posting up-skirt pictures of underage girls on Twitter is not only in poor taste, it’s also illegal.

Earlier this week Perez posted an up-skirt photo of 17-year-old pop sensation Miley Cyrus which allegedly showed Miley not wearing any underpants. Naturally, Perez’s tweet drew national attention since Miley is under 18, and thus the photo could be considered child pornography.

Salon interviewed a child porn defense attorney who called Perez’s incredibly dumb move “suicidal” and mentioned that Perez could face serious jail time (not to mention lose a ton of advertising).

The up-skirt photo, in case you are wondering, is completely fake. The photo was taken from a recent panties-wearing photo shoot with Miley and photoshopped to look like she wasn’t wearing any undergarments. Apparently some people have entirely too much time on their hands.

However, since the photos are fake, does that mean that Perez will avoid trouble? It turns out that, under the law, fake child porn still counts as real child porn. From Salon:

Under the law, that is still a crime and it is punishable just the same. If you were to take the face of an 8-year-old and put that picture on the nude body of even an identifiable, fully-developed adult porn star, it is child porn punishable identical to if you took a photo of the actual child.

Now that Perez is possibly entering sex offender status as well as jail time, will he apologize for what he did? Uh, not really. Perez posted a video in response to the uproar saying that it is “okay for Miley to be a little sexier” because she is “almost 18.”

The tweet has been removed from Twitter.