las I checked it was being decided by the courts because the laws aren't very clear and neither is the first amendment. I think that it's legality probably should be handled on a case by case basis until people understand the technology better because "realistic" is unfortunately too vague for me to feel comfortable wanting laws using (imagine a "realistic" oil painting getting outlawed).

The usual line drawn is photorealistic. Mostly because they don't want that used as a defense for the real thing.