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People you are getting 2 things mixed up:
1. It is forbitten to publish depictions of women or men that are under the age of 18.
2. There is a law (commonly referred to as 2257) that requires US based enteties to keep records of the proof of age of the models in the pictures they produce.
The 2 are related but in now way connected when it comes to punishment. And that I think is the important part.
If the 2nd hand user has no requirement to keep records and the producer (other than US) has no requirement you cannot be procecuted for not complying with the 2257 law simply because it does not apply to you.
You can however be procecuted when you publish pictures of underage models due to several other laws that prohibit such publication. So you have to make sure the model is over the age of 18. Several ways to be at least 90% sure are there. If you can be 90 percent sure you have done enough to not get procecuted.
As jonesy stated above:
think of a video store that carried the traci lords vids when she dopped the dime about her age. None of them went to jail because of receipts and contracts ect. for purcahing material. the producers and some manufactuers caught the heat.
It makes absolutely sense that the ones producing failed to do the checking and fucked up. Why should someone that can prove he bought the content should get procecuted?
The most important thing is to keep you business documents in order. Keep copies of email conversations with the producer, all receipts etc. That will prove that you did everything you could to ensure the models age. Intend is a big issue with all laws. If they cannot prove intent you basically are at low risk.
Now the conclusion basically is that only if you buy teen content you have to be careful. I would say that if you buy mature content noone ever even checks if the model is under 18.
So don't confuse 2257 complience laws with childporn laws. It's 2 different things and you are home free if the content is in fact legal and you point your 2257 notice to the producers address. Just ask him where he can point the 2257 notice and keep the mail of what he tells you to prove that you complied with your requirements and post the notice.
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