The problem is that criminality is decided by a jury if a case like this goes to trial. In New York or San Francisco or even D.C., getting an obscenity or child porn conviction based on images of minors that are not nude, whether they're fully clothed or wearing swimsuits or bras, would be difficult. Getting an obscenity conviction for fictional depictions would be nearly impossible in those locations.

Then there are cases like the Christopher Handley manga case in Iowa, where he plead guilty to avoid the risk of a longer sentence for possession of purely fictional manga that a jury of his peers may well have deemed "obscene".