Ok so he took pictures of the kid in normal settings and computerpasted the kids face onto some porn.
thats definitely weird and freakish etc, psychologically alarming
but is it criminal?  i would think the whole ISSUE with child pornography is that you are harming a child by getting them naked/taking pictures of them without them being old enough to understand what it actually means.

what he was doing has a negative impact on HIM at this point and nothing else
or rather implies problems with HIM

but hasnt really harmed the kid, you know?