Blackstone, I think I largely agree with what you’re saying about intent.

More specifically, I’d say that intent gives us a good handle on what is porn and what isn’t. But I don’t think I’d say that intent *defines* (strictly speaking) what is porn and what isn’t.

For example, suppose that you were shown a video of a man and a woman having sex. You could reasonably conclude:
1. That the video is pornography.
2. That the makers intended it that way.

But suppose then you found out that it’s actually a store surveillance video, and the man and woman in it just happened to choose a spot in front of the surveillance camera. You would then have to revise your conclusion about what the video’s makers intended, *but* I don’t think you would have to revise your opinion that the video is pornographic.