Reuters Distributes Racy Miley Cyrus Photo

NEW YORK (CBS) Reuters has decided to distribute a revealing photo of Miley Cyrus taken at the MuchMusic Video Awards in Toronto on Sunday.

The image was taking during Cyrus' performance at the awards show. While dancing in a white, lingerie-like outfit, the bottom of the ensemble shifted and almost caused the singer to have a wardrobe malfunction.

Pictures: Miley Cyrus
Pictures: The MuchMusic Awards

A Reuters representative told FoxNews.com in a report published Tuesday that the photo had caused concern in the photo department because of the singer's age (she's 17), but that was weighed against the fact that she was performing on stage in front of hundreds of people and other cameras, as well as the fact she is trying to transition away from her wholesome "Hannah Montana" image and into a more grown-up performer.

The Reuters rep also said that the photo was "sent only to print clients and was kept from transmission to online clients and culturally sensitive areas." However, the website notes in the report that it was able to download the photo and saw no usage restrictions.

The image was posted with a red ribbon graphic covering the controversial part of the photo.

Last week, blogger Perez Hilton posted an "up-skirt" photo of Cyrus that appeared to show too much skin.

Former Los Angeles sex crimes prosecutor Robin Sax told FoxNews.com that the Reuters photo is "not prosecutable," saying that "it is a question of intent, and here the picture is taken on stage, in public, and its purpose is not child pornography. It was not intended to promote pornography."

But Sax warned that the image was inappropriate and that by selling it, Reuters was "blurring the lines between what is porn and what is not. And that it ups the ante in the future, makes it more difficult to say what is pornography and what is not."