Lisa and Anthony "A.J." Demaree's three young daughters were taken away by Arizona Child Protective Services last fall when a Walmart employee found partially nude pictures of the girls on a camera memory stick taken to the store for processing, according to the suit.
The Peoria couple's attorney said Walmart turned the photos over to police and the Demarees were not allowed to see their children for several days and didn't regain custody for a month while the state investigated.
NO CHARGES
Neither parent was charged with sexual abuse and they regained custody of their children — then ages 1 1/2, 4 and 5 — but the Demarees claim the incident inflicted lasting harm.
In addition, some states have laws that are much broader in scope. Ohio's rules for instance is merely "pandering obscenity involving a minor" (http://codes.ohio.gov/orc/2907.321) and involves material, not images. Writers have been prosecuted for "child pornography" that was nothing more than written text under Ohio's law. (http://www.nytimes.com/2001/07/14/us/child-pornography-write...)
Realistically, I don't think a child bath picture gets anyone in "big trouble" if common sense prevailed. But there are definitely moral panic types that would probably "report" this type of picture. (EG: Take this story -- http://www.smh.com.au/national/facebook-bathtime-posting-lan..., also there's a celebrity-gossip-news type story involving a bath photo of Perez Hilton and his two year old son you can Google if you want to witness the fun reactions on this sort of thing...)
I downvoted this for being a lazy comment, just a simple google search would provide plenty of evidence that you asked for (you might not lose in court, but there are plenty of news articles about parents arrested after trying to print their baby pictures at kodak/wal-marts).
Being arrested as a parent and potentially having your children taken into protective-services custody until you win or the charges are dropped is unquestionably "a lot of trouble".
Citation on the Legal Case law that now lists a Child Bath time photo as Child Porn that can get you into "lot of trouble" in the US