We can quote state and federal statutes all day long but the bottom line is, are the prosecutors actually going to get off their arse and prosecute based on those laws?  The most likely answer would be NO due to the courts throwing cases out the window.  It's not worth their time and/or effort.  Again, what about all those 3D cartoon sites that are out there who actually make money off of this concept?  It's not what they can prove, it's what they want to prosecute.