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> Notably, the legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive. Additionally, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.
https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-child-pornography
I'd say 02 falls into that category, but that's just my opinion