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Old 11-29-2006, 11:18 AM  
jacked
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Join Date: May 2004
Location: nj
Posts: 11,019
sick fucks think they can bend the law, they'll get what they deserve in the end

Quote:
3. Federal Statutes:

Title 18 of the United States Code governs child pornography. See Chapter 110, Sexual Exploitation and Other Abuse of Children. 18 U.S.C. § 2256 defines "Child pornography" as:

"any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where -

(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct;
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or
(D) such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct . . ."


Section 2256 clearly defines images of minors engaged in sexually explicit conduct as "Child Pornography." It also, however, adds to that definition images that appear to depict a minor engaged in sexually explicit conduct, and images or advertisements that suggest images of minors engaged in sexually explicit conduct. Does that mean that adult websites that display sexually explicit images of legal-age models in pigtails with a lollipop, while surrounded by stuffed animals, can be prosecuted under Child Pornography laws? The short answer is yes. Future prosecutions will determine which direction the law is going. See our Website Prosecutions page for a few examples of current adult website legal issues.

If your adult website displays images that arguably appear to have minors engaged in sexually explicit conduct, make sure that you are prepared. You should have the proper legal forms that you need to comply with federal record keeping requirements, and you should have a lawyer who has already seen your adult website(s) and has some idea about what arguments he or she will make if you are prosecuted. You should also have plenty of money and a desire to make the headlines. Remember, if you are prosecuted for violating child pornography laws, a jury will decide whether the content on your adult website is child pornography. Without a doubt, some juries will see child pornography where there is none.
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