Judge rules Nirvana Nevermind cover not illegal child imagery

A federal judge on Tuesday dismissed a longrunning lawsuit by Spencer Elden, the man photographed as the naked infant on the cover of Nirvana's 1991 album Nevermind, ruling the image does not meet the legal definition of illegal child imagery. U.S. District Judge Fernando M. Olguin wrote that the photograph, taken when Elden was about four months old, is not sexually explicit and therefore cannot support Elden's claim that it constituted child pornography.

Olguin said courts must evaluate multiple factors when determining whether a visual depiction of a minor is sexually explicit, referencing the framework set out in United States v. Dost. Those factors include whether the focal point is the genitalia or pubic area, whether the pose is sexually suggestive, and whether the image is intended to elicit a sexual response. The judge concluded that "neither the pose, focal point, setting, nor overall context suggest the album cover features explicit conduct." He likened the photograph to a family snapshot of a nude child bathing and said nudity alone is insufficient to establish illegal child imagery.

The decision addresses both the substance of Elden's claim and the case's procedural...