Let's use the same pictures and examine what would happen amongst different potential possessors.
Let's say the pictures are found on a female's phone. Then they are family photos.
On a child's phone, they are pictures of friends.
On a Dad's phone as long as they are of his kids they are family photos again.
On a single man's phone, they are child porn, and that single man deserves to die in the most agonizing way possible.