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Perez Hilton Under Fire for Miley Cyrus Upskirt Photo

By PopEater Staff Posted Jun 15th 2010 01:20PM

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."

Perez Apologizes, But It's Way Off the Mark

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Miley Cyrus Pics

Miley Cyrus is seen here in a duet with David Bisbal during a concert in Spain on June 6. Click for More Miley Pics >>>

bauergriffinonline.com

Miley Cyrus Snapshots

Miley Cyrus, in jeans and stripes, was out with her boyfriend Liam Hemsworth, on a sultry Tuesday afternoon in Toluca Lake. June 8, 2010 X17online.com exclusive

Miley Cyrus Snapshots

Miley Cyrus, in jeans and stripes, was out with her boyfriend Liam Hemsworth, on a sultry Tuesday afternoon in Toluca Lake. June 8, 2010 X17online.com exclusive

Miley Cyrus Snapshots

Miley Cyrus, in jeans and stripes, was out with her boyfriend Liam Hemsworth, on a sultry Tuesday afternoon in Toluca Lake. June 8, 2010 X17online.com exclusive

Miley Cyrus Snapshots

Miley Cyrus, in jeans and stripes, was out with her boyfriend Liam Hemsworth, on a sultry Tuesday afternoon in Toluca Lake. June 8, 2010 X17online.com exclusive

Miley Cyrus Snapshots

Miley Cyrus, in jeans and stripes, was out with her boyfriend Liam Hemsworth, on a sultry Tuesday afternoon in Toluca Lake. June 8, 2010 X17online.com exclusive

Miley Cyrus Snapshots

Miley Cyrus, in jeans and stripes, was out with her boyfriend Liam Hemsworth, on a sultry Tuesday afternoon in Toluca Lake. June 8, 2010 X17online.com exclusive

Miley Cyrus Snapshots

Miley Cyrus, in jeans and stripes, was out with her boyfriend Liam Hemsworth, on a sultry Tuesday afternoon in Toluca Lake. June 8, 2010 X17online.com exclusive

Miley Cyrus Snapshots

Miley Cyrus, in jeans and stripes, was out with her boyfriend Liam Hemsworth, on a sultry Tuesday afternoon in Toluca Lake. June 8, 2010 X17online.com exclusive

Miley Cyrus Snapshots

Miley Cyrus, in jeans and stripes, was out with her boyfriend Liam Hemsworth, on a sultry Tuesday afternoon in Toluca Lake. June 8, 2010 X17online.com exclusive

Miley Cyrus Snapshots

Miley Cyrus, in jeans and stripes, was out with her boyfriend Liam Hemsworth, on a sultry Tuesday afternoon in Toluca Lake. June 8, 2010 X17online.com exclusive

Miley Cyrus Snapshots

Tags: miley cyrus, perez hilton

Comments

(202)

Tuesday 15 June

By mw

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Perez Hilton is nothing more than a glory hog and a slob, he thinks he is funny, NOT. Loser big time.

Tuesday 15 June

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Perhaps, in the future, he will remember that he doesn't have unlimited rights to humiliate and degrade someone, just because they happen to be a celebrity. He SHOULD be prosecuted, as should anyone else who distirubtes the photo.

Tuesday 15 June

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The man is a pig.

(Appologies to all the real pigs.)

Tuesday 15 June

By cc

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paris hilton is a disgusting poor excuse for a human being, what a gross ugly freak

Tuesday 15 June

By rex

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i agree with everybodies characterization of paris hilton
and the pics are inappropriate.
however why did she leave the house undressed that way
she new the photographers would be waiting for her
and she got out of the car that way on purpose.
if a girl knows that she is dressed like that why would she get out that way.
i honestly believe her degenerate father put her up to it.
in his eyes there is no such thing as bad publicity

Wednesday 16 June

By Jan

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I agree.
He's a pig.
He should go to jail.
One thing to do your job, but when you go beyond, just to get credit is not a good job at all.
He should get punished for what he has done like everyone else.
He is such a pig.

Wednesday 16 June

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All we have to do is 1) Go to his site. 2) Write down the names of all of his advertisers. . 3) Go to the advertisers sites. 4) Tell them to STOP SUPPORTING Perez. 5) Don't purchase any of the advertisers merchandise until Perez's site is shut down. Simple. No funds to run the site = Perez goes away. YEAH!

Saturday 19 June

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I don't think that it's any big deal. Any of these glam queens that decide to tease the public and willingly cavort through Hollywood without panties on , deserve to wake up and find daddy staring at a pic of their worn out cooter. Get off the gas and leave this guy ( who WAS properly attired ) alone. All those crying ladies and prudes out there can either LOOK at it or NOT as Miley learns her lesson.

Tuesday 15 June

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Perez Hilton,need to get a life!!!,what is he famous for anyway?being a jerk I guess.

Monday 21 June

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first of all...if you look at most of the pics posted...especially that white number that looks like a strapless girdle......her :\"lips" are hanging out...these are pics posted by aol and as much as i think PEREZ hilton is a skeez....these are pics EVERYONE IS SEEING.

Tuesday 15 June

By jen

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why did the idiot need to post that kind of stuff. that's just crossing the line what he did. celebrities are people and idiots like this perez hilton should not be allowed to post pictures like that.

Tuesday 15 June

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Hey folks....this is CHILD PORN and he DISTRIBUTED it-The FEDS should do something-WHY SHOULD HE BE DIFFERENT than any other child pornographer or distributor of it???????????

Wednesday 16 June

By duffhessian1776@aol.com

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this guy is so messed up, he will likely argue that since he is gay and posted the photo of a female, he had no sexual interest in her and therefore negates child-porn. the dude is totally messed up! he has no excuse. i wonder which slug of a lawyer will take up his defense....maybe Gloria A. will do it. Two bottom-dwellers .........

Saturday 19 June

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It doesn't matter why he did it, the bottom line is he distributed a sexually explicit photo of a 17 year old. He should be prosecuted, and he should serve jail time for breaking the law.

Tuesday 15 June

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finally!!!!!!!!!!!! someone stops this not so funny from doing stupid things!!!!!!!!!! always pointing fingers @ ppl and posting their dirty laundry well now the tables are turned and hes getting a taste of his own medicine!!!!!!!!! karma! he truly is the dumbest person! does he have no brain to post a pic of a minor n not think its bad?????

Tuesday 15 June

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Here's a thought--where's the criticism for this "child" or her parents for going out in public, knowing she would be photographed, not wearing underwear? Oh yeah, it was probably her perv dad's idea in the first place.

Tuesday 15 June

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According to my reading of the article, the lack of undergarments, may or may not have occured, which, legally, does not excuse HILTON, so why throw BillyRayJat(whatever) into this?

Tuesday 15 June

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The POINT here is not about your opinion of Hilton or Cyrus, it is that child pornography posted anywhere, MUST be punished. No matter how "old" an under aged child thinks she is or behaves. Not prosecuting this offense creates a dink in the enforcement of this hideous behavior which will lead to even more sexual exportation of children.

Tuesday 15 June

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She was changing clothes back stage at an event. Not running around with no undies.

Tuesday 15 June

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while it is questionable behavior to go out without underwear when wearing a short skirt, it is not illegal and should be nobody's business but Ms. Cyrus.

let's not be blaming the victim here.

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