Federal Definition of Sexually Explicit - GoFuckYourself.com

kenny · 06-10-2005, 02:40 PM

Any armchair lawyers here know this?

kenny · 06-10-2005, 02:43 PM

Bare breast is that considered sexually explicit by the Federal Goverment I seem to remember them covering a statue that had bare breasts.

I also remember them fining a TV network over that Janet Jackson super bowl thing.

I think they consider bare breasts sexually explicit.

pornguy · 06-10-2005, 02:46 PM

I dont think so. If they did, mothers all over the country would be arrested for breast feeding in public.

kernelpanic · 06-10-2005, 02:46 PM

2256. Definitions

(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;

FilthyRob · 06-10-2005, 02:47 PM

boobs are ok, bush is in the white house, so bush is prohibited

kenny · 06-10-2005, 02:54 PM

Quote:

Originally Posted by pornguy

I dont think so. If they did, mothers all over the country would be arrested for breast feeding in public.

So a model holding her breast in a provocative manner isn't considered sexually explicit?

kenny · 06-10-2005, 02:55 PM

Quote:

Originally Posted by kernelpanic

2256. Definitions

(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;

well ok.. I don't think they can get bare breasts out of that.

Centurion · 06-10-2005, 02:59 PM

Quote:

Originally Posted by kenny

So a model holding her breast in a provocative manner isn't considered sexually explicit?

Not unless she's masturbating it.

kernelpanic · 06-10-2005, 03:01 PM

Quote:

Originally Posted by kenny

well ok.. I don't think they can get bare breasts out of that.

Softcore is ok.

Basically, no hardcore, no toys, no masturbation, no cumshots. There are more, but those are the important ones.

kenny · 06-10-2005, 03:02 PM

Quote:

Originally Posted by Centurion

Not unless she's masturbating it.

But what if it's a lascivious exhibition?

kenny · 06-10-2005, 03:03 PM

Quote:

Originally Posted by kernelpanic

Softcore is ok.

Basically, no hardcore, no toys, no masturbation, no cumshots. There are more, but those are the important ones.

You forgot this:

(E) lascivious exhibition of the genitals or pubic area of any person;

kenny · 06-10-2005, 03:06 PM

I found the whole entire thing.

Title 18 United States Code § 2256. Record keeping requirements. Posted July 31, 2004.

§ 2256. Definitions for chapter

For the purposes of this chapter, the term--

(1) "minor" means any person under the age
of eighteen years;
(2)
(A) Except as provided in subparagraph (B), "sexually explicit conduct" means actual or simulated--

(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(ii) bestiality;
(iii) masturbation;
(iv) sadistic or masochistic abuse; or
(v) lascivious exhibition of the genitals or pubic area of any person;
(B) For purposes of subsection 8(B) of this section, "sexually explicit conduct" means--
(i) graphic sexual intercourse, including genital-genital, oral- genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited;
(ii) graphic or lascivious simulated;
(I) bestiality;
(II) masturbation; or
(III) sadistic or masochistic abuse; or
(iii) graphic or simulated lascivious exhibition of the genitals or pubic area of any person;
(3) "producing" means producing, directing, manufacturing, issuing, publishing, or advertising;
(4) "organization" means a person other than an individual;
(5) "visual depiction" includes undeveloped film and videotape, and data stored on computer disk or by electronic means which is capable of conversion into a visual image;
(6) "computer" has the meaning given that term in section 1030 of this title;
(7) "custody or control" includes temporary supervision over or responsibility for a minor whether legally or illegally obtained;
(8) "child pornography" means 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 a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
[(D) Repealed. Pub.L. 108-21, Title V, § 502(a)(3), Apr. 30, 2003, 117 Stat. 678]
(9) "identifiable minor"--
(A) means a person--
(i)
(I) who was a minor at the time the visual depiction was created, adapted, or modified; or
(II) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and
(ii) who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and
(B) shall not be construed to require proof of the actual identity of the identifiable minor.
(10) "graphic", when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted; and
(11) the term "indistinguishable" used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.

Mrs. Lenny2 · 06-10-2005, 03:09 PM

Quote:

Originally Posted by kernelpanic

2256. Definitions

(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;

Please remember that letter (E) was not included in the newly published regulations.

Quote:

Originally Posted by Lenny2

(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.

kenny · 06-10-2005, 03:11 PM

Quote:

Originally Posted by Mrs. Lenny2

Please remember that letter (E) was not included in the newly published regulations.

So we can have pussy shots?

kane · 06-10-2005, 03:17 PM

under the current administration I belive that any woman who is not wearing a full Burka is considered to be sexually explicit.

Mrs. Lenny2 · 06-10-2005, 03:23 PM

Quote:

Originally Posted by kenny

So we can have pussy shots?

Please refer to this thread for more information.

http://www.gfyboard.com/showthread.php?t=477943

06-10-2005, 02:40 PM	#1
kenny Confirmed User Industry Role: Join Date: Mar 2002 Posts: 7,245	Federal Definition of Sexually Explicit Any armchair lawyers here know this? __________________ 7

06-10-2005, 02:43 PM	#2
kenny Confirmed User Industry Role: Join Date: Mar 2002 Posts: 7,245	Bare breast is that considered sexually explicit by the Federal Goverment I seem to remember them covering a statue that had bare breasts. I also remember them fining a TV network over that Janet Jackson super bowl thing. I think they consider bare breasts sexually explicit. __________________ 7

06-10-2005, 02:46 PM	#3
pornguy Too lazy to set a custom title Industry Role: Join Date: Mar 2003 Location: Homeless Posts: 62,911	I dont think so. If they did, mothers all over the country would be arrested for breast feeding in public. __________________ PornGuy skype me pornguy_epic AmateurDough The Hottes Shemales online! TChicks.com \| Angeles Cid \| Mariana Cordoba \| MAILERS WELCOME!

06-10-2005, 02:46 PM	#4
kernelpanic Too lazy to set a custom title Join Date: Jan 2005 Posts: 2,961	2256. Definitions (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; __________________ ZangoCash - Turn Your Traffic Into Ca$h. $.40 Per Install - No Tier

06-10-2005, 02:47 PM	#5
FilthyRob Confirmed User Join Date: Feb 2004 Location: Anaheim - CA Posts: 6,741	boobs are ok, bush is in the white house, so bush is prohibited __________________ AKA - Clubsexy

06-10-2005, 03:06 PM	#12
kenny Confirmed User Industry Role: Join Date: Mar 2002 Posts: 7,245	I found the whole entire thing. Title 18 United States Code § 2256. Record keeping requirements. Posted July 31, 2004. § 2256. Definitions for chapter For the purposes of this chapter, the term-- (1) "minor" means any person under the age of eighteen years; (2) (A) Except as provided in subparagraph (B), "sexually explicit conduct" means actual or simulated-- (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (ii) bestiality; (iii) masturbation; (iv) sadistic or masochistic abuse; or (v) lascivious exhibition of the genitals or pubic area of any person; (B) For purposes of subsection 8(B) of this section, "sexually explicit conduct" means-- (i) graphic sexual intercourse, including genital-genital, oral- genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited; (ii) graphic or lascivious simulated; (I) bestiality; (II) masturbation; or (III) sadistic or masochistic abuse; or (iii) graphic or simulated lascivious exhibition of the genitals or pubic area of any person; (3) "producing" means producing, directing, manufacturing, issuing, publishing, or advertising; (4) "organization" means a person other than an individual; (5) "visual depiction" includes undeveloped film and videotape, and data stored on computer disk or by electronic means which is capable of conversion into a visual image; (6) "computer" has the meaning given that term in section 1030 of this title; (7) "custody or control" includes temporary supervision over or responsibility for a minor whether legally or illegally obtained; (8) "child pornography" means 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 a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. [(D) Repealed. Pub.L. 108-21, Title V, § 502(a)(3), Apr. 30, 2003, 117 Stat. 678] (9) "identifiable minor"-- (A) means a person-- (i) (I) who was a minor at the time the visual depiction was created, adapted, or modified; or (II) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and (ii) who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and (B) shall not be construed to require proof of the actual identity of the identifiable minor. (10) "graphic", when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted; and (11) the term "indistinguishable" used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults. __________________ 7

06-10-2005, 03:17 PM	#15
kane Too lazy to set a custom title Join Date: Aug 2001 Location: portland, OR Posts: 20,684	under the current administration I belive that any woman who is not wearing a full Burka is considered to be sexually explicit.