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Originally Posted by Kingfish
Neither does! That is the point I was trying to make with you the other night.
2257 says
Now go read 2256
E is not included in the definition for purposes of 2257!
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Ok how can I put this. We have spoken with three different attornies in regards to 2256, one had your opinion the other two had a different one. We decided to go with the different one since if we are wrong we are still right in the eyes of the law.
Now let me try to explain what they said.
You have the following:
(2) ?sexually explicit conduct? means 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;
Then further down you find this:
(h) As used in this section?
(1) the term ?actual sexually explicit conduct? means actual but not simulated conduct as defined in subparagraphs (A) through (D) of paragraph (2) of section 2256 of this title;
In 2257 is says "actual sexually explicit conduct" which is A-D if it is not simulated, since simulated is exempt. Which one attorney called this the Hollywood exemption clause since they are very prone to using this in movies without using (E). So we know that (A) through (D) are covered if its real. Now on to that pesky (E) which seems like it should not even belong here. (E) would not be simulated so it is always actual. The new regs do not use (A) through (D) like they did before and just say actual sexually explicit conduct.
We are just playing it safe though and more likely than not actual could have the same meaning as before and (E) would not be included, unless of course it needs an exemption statement.
Shit I think I even confused myself. Laws do that to you.