That probably depends on your country or jurisdiction. However, criminal law in the US and Canada specifies "LASCIVIOUS exhibition of the genitals or pubic area" and "dominant characteristic FOR A SEXUAL PURPOSE of a sexual organ or anal region" respectively. Still, there may be other countries where any depiction of a minor child naked is child pornography without exception. There have even been a few cases of law enforcement, mainly in the US, abusing the law and arresting parents who take innocent pictures of their children in the bathtub or playing naked, so perhaps using a phone or digital camera, and keeping such pictures in the family only would be safe.

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