raditz8526 said: Depending on what is actually on the pics and whether or not it can
be argued that you were over 18 at the time the pic was taken.
4. Sexually Explicit Conduct:
18 U.S.C. § 2252 prohibits the production, transportation, or knowing receipt or
distribution of any visual depiction "of a minor engaging in sexually explicit conduct." For
the purposes of Title 18, 18 U.S.C. § 2256 defines a "minor" as any person under the age
of eighteen years, and "sexually explicit conduct" as actual or simulated:
"(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-
anal, whether between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of any person"
"Sexual intercourse" and "bestiality" (sex with an animal) seem pretty clear - if your
website displays images that a prosecutor believes involve minors engaged in sexual
intercourse or bestiality, expect to be prosecuted. Which acts constitute "masturbation" or
"sadistic or masochistic abuse" may be more difficult to define, because participants
engaged in such activities tend to do so for a sexual purpose. Clearly a child could appear
to be engaged in such activities without intending a sexual purpose. What a child intends
by his or her actions is irrelevant, however, because Federal law prohibits "simulated" as
well as actual acts. Many states also address this issue by prohibiting images of minors
touching or displaying their bodies "for the purpose of sexual stimulation of the viewer."
(See, for example, California Penal Code §§ 311.3-312.7).
Section (E) prohibits images of "lascivious exhibition of the genitals or pubic area." Courts
that have interpreted this section have done so broadly - "as used in the child
pornography statute, the ordinary meaning of the phrase "lascivious exhibition" means a
depiction which displays or brings forth to view in order to attract notice to the genitals or
pubic area of children, in order to excite lustfulness or sexual stimulation in the viewer."
See United States v Knox (1994). You may risk prosecution if your website displays images
of minors depicted in a way that excites viewers.
link [www.adultweblaw.com]
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May 09, 2008 @ 07:00:31
