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Originally Posted by studio
I would bet 4 out of 5 lawyers would disagree with your lawyer... I know mine does...
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Well a plain text reading of the law will give you the same conclusion that we came to.
(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;
Now we'll look at paragraph 2 of section 2256
(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;
Notice that (E) lascivious exhibition of the genitals or pubic area of any person; is excluded from the term actually sexually explicit conduct in section 2257.
2257 specifically states that only (A) through (D) are used to determine what sexually explicit conduct is.
Whether they omitted (E) on accident or on purpose, it doesn't matter, they excluded (E)lasivious exhibition of the genitals or pubic area.....therefore those depictions are not subject to 2257 record keeping requirements.
I can draw it out on a flow chart or something if you like
